Ordinary Meeting - June 2023 Transcript

1 ATTENDANCE & APOLOGIES ¶

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00:01:00 Yep. Mayor Stewart: Aye. Aye. Councillor Wilkie: We've got the minutes of the special meeting held on the 22nd of May, 2023 that may be received and confirmed. I'll confirm. Councillor Jurusevic. I'll be the second. Seconded by Councillor Finzel. All in favour? Aye. Aye. That's unanimous. Petitions. Councillor Stockwell. Deputy Mayor Stockwell: Yes. I have a petition here signed by 40 residents of the Noosa Heads and Noosaville area. The petition is entitled, no car parking slash protect green space at Noosa Heads Lion Park. The petitioners suggest Lions, Clubs 1 and Noosa Heads have been operating a car public park over most of the usable level at grassed area during school holidays, contrary to the Department of Resources. Park designation, Noosa planning scheme, Noosa transport strategy and Noosa Council design principles. The Noosa Council design principles clearly prohibits the conversion of the green space into car parking.

2 CONFIRMATION OF MINUTES ¶

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Nothing was transcribed under this heading — a stretch of the recording with no speech the model could make out.

4 PETITIONS ¶

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00:02:00 Page 15, open space remain a priority even though demand for car parking seems limitless. Council should be commended for protecting this important amendment for local residents, both permanent and visiting. Creating additional car parking in the local area is inappropriate, irrespective of the legal taking of green space. As it puts more pressure on local amenities such as main beach, surf breaks and the national park that are already overloved. This is not good for the environment or local residents. There will always be trade, job and congestion issues and this will increase as population increases. This is not an acceptable excuse and there is no evidence to suggest there would be any impact in this regard associated with ceasing car parking in Lions Park. Charitable revenue is not satisfactory reason to convert green space into car parking. It is imperative that state and local government protect the amenity available to local residents and the population impact on the natural environment. Is anyone looking after the interests of Noosa main beach local residents, the petitioners ask.

00:03:00 I move that the petition be received and be referred to the CEO for action. I'll second that. Speaker 2: Thank you. Councillor Wilkie: Any discussion? No discussion. Thank you. No notified motions, no questions. All in favour? Aye. No notified motions, presentations, deputations? Move on to consideration of committee reports, Planning and Environment Committee report. Okay. Councillor Wilkie: 1st item, channel consideration of the plan for the community of Ashby was referred to the general meeting. Climate change and urban development. We will now move on to the next round of the meeting, which is to change response grants, round three. Councillor Wegener. Councillor Wegener: Yes. I, Councillor Wegener, inform the meeting that I have prescribed conflict of interest in the matter in relation to the application of permaculture data as I am the President

8.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 JUNE 2023 ¶

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00:04:00 of this association. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Councillor Wilkie: Thank you, Councillor Wegener. Councillor Stockwell. Deputy Mayor Stockwell: I am happy to move as per the General Committee Recommendation. Councillor Wilkie: I am happy to second, Mr Chair. I call on Councillor Christy. May we speak to the motion? I need to speak. All in favour? Aye. Aye. I'll carry unanimously. Councillor Wegener, can you come back, please. Next item, 5.3, Environment Grants. Environment Grants. Project grants round multi-year environment collaborative grants and environment organised Asian alliance grants were referred to the general committee meeting. The Noosa River State Hold Advisory Committee summary report. The next item, the planning applications decided by delegated authority was referred to the general meeting. Now we have a general resolution about...

00:05:00 Councillor Jurisevic: I'll move that the report of the main committee dated 6th of June, 2023 be received and the recommendations therein be accepted. We're dealt with, except we're dealt with by separate resolution. Thank you, Councillor Chiswick. Do we have a seconder? Councillor Wilkie: Thank you, Chair. Thank you, Councillor Wegener. Councillor Wegener. All in favour? Mayor Stewart: Aye. Councillor Wilkie: Aye. Karen, your name is? Councillor. Mayor Stewart: Mr. Chair, can we just ask, sorry, we may have missed the environmental grants. Is there a declarable conflict of interest in that matter? Councillor Wilkie: They were referred to the general committee meeting. Oh, okay, thank you. So we'll come up after the services and organisations. Okay. Thank you, Mr. Chair. And the recommendations. That's right. Now to move on to the services and organisations committee report recommendations. The first one, Maritime Safety Queensland recreational boating facilities demand forecast study was referred to the general meeting. The next was the request for tenure

8.2 SERVICES & ORGANISATIONS COMMITTEE REPORT - 6 JUNE 2023 ¶

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00:06:00 to establish a new community garden in lot 11, Kings Park, Koran, the Koran Organic Garden Incorporation. Next was the Regional Ice Development Fund Round of Grant Recommendations. Councillor Joe. Yes, aye. Councillor Jurisevic: Councillor Joe Juricvic. In form of meeting, I have a declarable conflict of interest in this matter due to my involvement as a judge in the Great Upcycle Challenge who have an application in this Round of Grant round. As a result of my conflict of interest, I will now leave the meeting room Councillor Wilkie: while the matter is considered and voted on. Thank you, Councillor Juricvic. In accordance with Chapter 5B of the Local Government Act, I, Councillor Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as I am an executive member, the President of Minnesota Ice Theatre, one of the applicants to this Round of Grant funding. As a result of my conflict of interest, I'll now leave the meeting room while the matter is considered and voted on and another Chair takes the helm. Speaker 2: Okay, I'll take sides of that. I need to adopt a new Chair.

00:07:00 Deputy Mayor Stockwell: I nominate Councillor Wegener as the Chair. Speaker 1: We need a seconder for that, please. I'm happy to second that. Deputy Mayor Stockwell: Seconder, Councillor Lorentson. Deputy Mayor Stockwell: All in favour? Aye. Deputy Mayor Stockwell: Okay. Councillor Wegener: Did you vote for yourself? No, I didn't. Speaker 2: Councillor, the top. Councillor Wegener: Yeah, you may. Thank you. Speaker 2: There we go. So it's now the council resolution for this. Deputy Mayor Stockwell: I'm happy to move the recommendation as per the committee recommendation. Do we have a seconder? Councillor Finzel: I'm happy to second. Councillor Wegener: Karen. Councillor Finzel. I don't need to talk to it. Okay. All in favour? Councillor Finzel: Aye. Councillor Wegener: Thank you. Thank you. So we're good. Give Frank the nut vote. Deputy Mayor Stockwell: He'll box it on that side of the table. Thank you.

00:08:00 Thank you. Okay. Speaker 2: Back to you, Councillor. Councillor Wilkie: We're up to Councillor resolution. The council made the report by the Committee of Development. Speaker 2: No, we're up to 5.4. Councillor Wilkie: 5.4? 5. Community grant. Community project grants round one overview, 5.5. Community program funding, community project grants round one, programs and projects. And Councillor Stewart. Mayor Stewart: I, Councillor Stewart, inform the meeting that I have declarable conflict of interest in the application of Katie Rose Cottages as I have a friendship with the head of fundraising partnerships, Lee McCready. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered as such. Councillor Wilkie: Thank you Councillor Stewart. I, Councillor Wilkie, inform the meeting that I have a

00:09:00 declarable conflict of interest in this matter as I'm a member of the Bridger Beach Community House. Now in an abundance of caution I will leave the meeting room. Councillor Finzel: Excuse me Mr whoever's on the chair. That would be the CEO. Yes. I do have a conflict in this matter and it's not been included in the report. Okay. I, Councillor Finzel, wish to declare that I have a conflict of interest in this matter as Lee McCready who is head of fundraising and partnerships on the Katie Rose Cottages Committee. I will now leave the meeting room. Linda has the wording from the previous meeting that somehow if that could be included you didn't come through this meeting. I will now leave the meeting room. We'll make that happen. Councillor Jurisevic: I believe we've got one more. Yes. How's my memory? I'll just do a short

00:10:00 Deputy Mayor Stockwell: version. I wish to declare that I have a declarable conflict of interest as in the 2020 election I submitted a Speaker 1: request for advice from the independent. I could probably find it for you just a moment if you can grab it from the other. Councillor Jurisevic: Can we just hold things to the point you've made so that it's declared correctly? Speaker 1: We haven't actually got a chairperson on. Should have been in the previous meeting. No she wasn't in that meeting. Brian was. Deputy Mayor Stockwell: He'll be in the report from the General Committee. I'll get it.

00:11:00 Deputy Mayor Stockwell: I wish to inform the meeting that I had a terrible conflict just in this matter as on the 24th of February 2020 I saw a review of the by the independent council election observer as to the public claims of the future Noosa team of which Lee McCready was publicly identified as the campaign manager. Lee McCready is the chief fundraiser, or whatever the Mayor mentioned, although I have a declarable conflict of interest I do not believe a reasonable person could have a perception of bias because the ICO review was an advisory service not a statutory process and my queries at the time were in the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore I will choose to remain in the meeting room. I will respect the decision of the meeting on whether I can remain and participate in the decision.

00:12:00 Councillor Jurisevic: Mr CEO are we able to utilise your services as the chair of the meeting in the absence of the acting chair in the deputy mayor or do we have to declare one of the councillors to chair the meeting at this point? Speaker 2: I think I can deal with this at this point. So I'm Speaker 1: I just need to find the wording for the reason why we're allowing it to stay. I think I can deal with this at this point. So if you look in the general committee meeting, and it's, mine's on page 3 of 8. Councillor Jurisevic: I think it is. It is. It is. It is. It is.

00:13:00 Speaker 2: So I'd like to get someone to... Councillor Jurisevic: Can we say in here that the CEO, Chair Delegate, is that fine? Speaker 2: Yep. Councillor Lorentson: I'm happy to move that Councillor Brian Stockwell remain in the room, and for reasons that I do not believe that a reasonable person would believe that there is anything to personally gain or lose for him remaining in the meeting,

00:14:00 and that a reasonable person would trust... that any decisions made by Councillor Stockwell is made in the public interest. Speaker 2: Can I have a second to that? I'm happy to. Thank you. Any discussion on that? Councillor Jurisevic: I'm happy to speak to that. The reason we undertake our support in this is consistent with the position that we've held in the past, where Councillor Stockwell has made a declaration of his nature as regard to his relationship to Mr Creedy. Speaker 2: Anyone else like to speak? Can I put it to the vote? Aye. All those? Carried unanimously. And Councillor Stockwell did not vote. Councillor Lorentson: I'll request that Councillor Finzel and the Mayor return back into the room. Deputy Mayor Stockwell: I'm happy to move the recommendation.

00:15:00 Councillor Jurisevic: And I'm happy to second it. Speaker 2: Okay. I'll take it. I'll remain as Chair then. Thank you. Councillor Jurisevic: Thank you. Speaker 2: Thank you. Seconded by June 6th? Deputy Mayor Stockwell: No need to talk to it. Speaker 2: Anyone else wish to speak to it? No. Councillor Low Workson? No. Okay. According to the vote, all in favour? Aye. Unanimous. Thank you. So let's bring it back in. Goldman? stepped back. Mayor Stewart: Ladies, come back in. Councillor Jurisevic: Thank you everyone. Thank you. Speaker 2: Okay, we're up to 5.6.

00:16:00 Councillor Wilkie: 5.6. Community Program Funding Community Project Grants Round 1 Infrastructure. 5.7. Community Program Funding Community Project Grants Round 1 Events. Community Program Funding Community Project Grants Round 1 Equipment. Claire Stewart. Mayor Stewart: Thank you, Councillor Wilkie. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the applicant, Penursa Rugby Union Club, my husband's a member and sponsor of the Droopy Dolphins, the charitable arm of the club. My son also plays for this club. I also have a declarable conflict of interest in relation to the applicant, Tewantin Noosa Cricket Club Inc. as my son is a player of the Tewantin Noosa Cricket Club. As a result of my conflict and to be overly prudent, I will leave the room where the matter is decided and voted upon. Thank you, Mr Chair. Councillor Wilkie: Thank you, Councillor Stewart. Councillor Lorentson. Councillor Lorentson: So, Laurinson informed the meeting that I have a declarable conflict of interest in this matter as my children are members of the Noosa Board Writers Association.

00:17:00 And as a matter of caution, I will now leave the meeting room. Councillor Wilkie: Thank you, Councillor Lorentson. We have a resolution before us. Councillor Jurisevic: I'll move the resolution. The Council will note the report by the Community Development Manager that serves as an organisation committee meeting dated the 6th of June 2023 and approved round 1, 2023-24, Community Project Grants Equipment, provided attention to this report, subject to funds being allocated in the function. Thank you, Councillor Gribble. Councillor Wilkie: We have a seconder. I'm happy to second. We've got... Thanks, Karen. We've got Councillor Wigginton. I just shaded you. The Councillor Wigginton has seconded. We vote on that, please. All in favour? Aye. That she knows. And Councillor Stewart and Lorentson did not vote. Could they be invited back in, please, Karen. Councillor Finzel: Of course, Mr Chair.

00:18:00 Councillor Wilkie: Okay, welcome back. 7.1. Confidential. Not for public release. Request to increase the lease area. Community Housing Service Limited. 7.2. Confidential. Not for public release. Telecommunications Facility Leases in Cooriyar Street. Mr Heads. So moved. Yes. All in favour? Aye. That was seconded by Mayor Stewart. Moved by Councillor Dvořanovic. All in favour? Mayor Stewart: Aye. Councillor Wilkie: That's unanimous. Now we have the general committee report recommendations. The first one is the tender consideration plan for the community battery. Then is the environment grants, environment project grants round 18 multi-year environment collaborative grants and environment organisation alliance grants.

8.3 GENERAL COMMITTEE REPORT - 12 JUNE 2023 ¶

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00:19:00 And then the second one is the environmental project grants round 18 multi-year environmental All in favour? Councillor Finzel: Aye. In accordance with the Chapter 5B of the Local Government Act 2009, I wish to inform the meeting that I have a declarable conflict of interest in this matter as Lee McCready, Director of Tourism Noosa, was involved with my 2020 election campaign with Future Noosa as a volunteer, 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 upon. Thank you. Councillor Wilkie: Thank you, Councillor Finzel. Aye. Councillor Wilkie informed the meeting I would like to declare a declarable conflict of interest for this item, for the Noosa Environmental Education Hub grant.

00:20:00 In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cottrell. Barry Cottrell is the President of the Pritchard Beach Community Association, the PBCA. The PBCA supports the Pritchard Beach Bush Care Group. The Pritchard Beach Bush Care Group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I, nor the PBCA, nor the Pritchard Beach Bush Care Group, stand to gain personally or materially through this grant to the Noosa Environmental Education Hub. I make this declaration out of an abundance of caution, given the possible scope and interpretation of current conflict of interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the room. Speaker 2: Okay. So I'll assume the Chair again.

00:21:00 Councillor Jurisevic: Thank you, Mr Chair. On the grounds I'll move the Council resolution from the Noosa Environmental Education Hub in this meeting. The council note the declarable conflict of by Council of Wilkie and determine it's in the public interest that Council of Wilkie participates and votes on this matter because Council believes that neither he, nor the PBCA, nor the Pritchard Beach Bush Care Group stand to gain personally or materially through this grant to NEEH and that it is in the public interest that Council of Wilkie participates and votes on this matter because Council believes A reasonable person would trust that the final decision is made in the public interest. Speaker 2: Okay, can I have a seconder for that? Any discussion? Councillor Jurisevic: I do sign the grant as consistent with the position we've held through this round of meetings and in previous meetings. Speaker 2: Okay, so anyone else wish to speak?

00:22:00 Councillor Jurisevic: I'll put it to the vote. No, I'll put it to the vote. Speaker 2: We do have another conflict, so Councillor Stockwell, if you could hold your vote. So this is just Councillor Wegener. And Councillor Lorentson. Councillor Jurisevic: Councillor Lorentson. Aye. Speaker 2: Thank you. Carried unanimously. Noting the non-voting of Councillor Wilkie and Councillor Stockwell. I can now have you resume the chair. Yes, thank you. Deputy Mayor Stockwell: I have an almost identical declaration other than the change to the donation amount to $500 due to the recency of it being read out. I believe it would be okay to take it as read. Councillor Jurisevic: I move. I move that the council note the declarable conflict of interest by Councillor Stockwell and determine that it is in the public interest that he participates in votes on this matter because the council believes not that he, nor the PBCA or the Virginia Beach Bushcare Group standing out personally and materially is to do this correct to the NEEH and that it is in the public interest that Councillor Stockwell participates in votes on this matter

00:23:00 because the council believes that a reasonable person would trust that the final decision is made in the public interest. We have a seconder, please. Councillor Wilkie: Councillor Wegener. Councillor Drissett. You used to speak to it. No. Anybody else? Put it to the vote. All in favour? Aye. That's carried unanimously. Deputy Mayor Stockwell: I also wish to inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by the Nurses District Landcare due to my long-standing connection with the organisation as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Although I have a declarable conflict of interest, I do not believe a regional person could have a perception of bias considering the community nature of this relationship. I will choose to remain in the meeting room, however I respect the decision of the meeting on whether I can remain and participate in the decision. Councillor Jurisevic: On this move, the council made the declarable conflict of interest by Councillor Stockwell and determines in the public interest that Councillor Stockwell participates in votes in this matter because the council believes that he does not stand to receive a personal benefit for loss in relation to this matter due to the community nature of the relationship with Landcare and therefore a reasonable person would trust the following decision he has made in the public interest.

00:24:00 Councillor Wilkie: I think this one is to do with NICC. Speaker 2: No, no, we need to get a seconder in place. Councillor Wilkie: We have a seconder on this. Councillor Williams? Speaker 1: I need a seconder. Okay. Tom Downers? Here. Yeah. Councillor Wilkie: Councillor Tom was up first. Councillor Tom. Speak to it. Councillor. No, I think we have said it all. Okay. Put it to the vote. Those in favour? That's unanimous. Councillor Stockwell, you have another. Two. Deputy Mayor Stockwell: I wish to inform the meeting we have a decarable conflict of interest in this matter as I have a long-standing relationship with MRCCC as a previous government employee and a local long-term collaborator since 1994. I have in the past had a small consulting contract below the limit for a prescribed conflict and prior to the declarable timeframe. I was up until last ADM Council's representative on the committee and in this role I played a role in facilitating and developing the group's revised catchment strategy.

00:25:00 Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. 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. Councillor Jurisevic: Once again, I'll move that Council note the declarable conflict of interest by Councillor Stockwell and it determines in the public interest that Councillor Stockwell participates in votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Although he has a declarable conflict of interest, I do not believe he has a declarable conflict of interest. Considering the community nature of this relationship, I vote that Councillor Stockwell remains in the room. Have a second, please. Councillor Lorentson: I need your second. Councillor Wilkie: Thank you, Councillor Lorentson. Joe, Mr. Swain. Councillor Jurisevic: Only to be consistent with how we have dealt with this matter in the past. Okay, thank you. Councillor Wegener. Councillor Wegener: And I'll say again that these conflicts of interest just show the involvement in the community of the various councillors here.

00:26:00 Councillor Wilkie: Thank you, Councillor Wegener. Orland Valor. Aye. That's unanimous. One more. Deputy Mayor Stockwell: Lucky last. I also wish to inform the media that I have a declarable conflict of interest in this matter as, on the February 2020, I saw a review by the Independent Council of Elections, Weber, as to the public claims of the future Noosa team, of which Liam McCready was public identified as campaign manager. Liam McCready is the Director of Tourism Noosa. As though I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEA review was an advisory service, not a statutory process, and my query is at the time. We're in the public interest, and neither I nor Ms. McCready stood to personally gain or lose from that advice. Therefore, I will choose to remain in the meeting room, however I respect the decision of the meeting, and whether I can remain and participate in the decision. Councillor Jurisevic: I trust for the last couple of seconds that I note, I move the resolution that Council have a declarable conflict of interest by Councillor Stockwell, and determine it is in the public interest that the Council of Stockwell participates.

00:27:00 I note on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEA review was an advisory service, not a statutory process, and Councillor Stockwell's queries at the time were in the public interest, and neither he nor Ms. McCready stood to personally gain or lose from that advice, and therefore a reasonable person would trust that the final decision is made in the public interest. Thank you. We have a second, please. Councillor Lorentson: Each second. Councillor Jurisevic: Thank you, Councillor Lorentson. Any discussion? Again, only to note that this is consistent with the way that we have referred this matter in the past. Thank you. Councillor Wilkie: Anybody else? Put into the vote, those in favour? Carried unanimously. Oh, sorry. Carried unanimously. Councillor Stockwell did not vote. He tried to. He tried to. Can we have a resolution before us about the, finally, about the grants themselves? I'd like to move the Council resolution. Thank you, Councillor Jurisdict. We have a seconder? Deputy Mayor Stockwell: I have to second it. Councillor Wilkie: We have a seconder, Councillor Stockwell.

00:28:00 Just to speak to the grants resolution. No, Mr Chair, I don't think there was any further discussion. Okay. Thank you. I'll put it to the vote. Those in favour? Aye. I'd like Greg, Councillor Finzel, and Councillor Stewart to return back to the room for the follow-up call. Just in time for another conflict of interest interruption. Welcome back everybody, Councillor Stewart and Finzel were up to the planning applications decided by delegated authority. Thank you Mr Chair. Chair Stewart and Finzel. Thank you. Mayor Stewart: Thank you, Councillor Wilkie. In points of chapter 5B in the Local Government Act 2009, I, Councillor Stewart, inform the

00:29:00 meeting that I have a declarable conflict of interest in this matter in relation to the application by Alton Properties No. 9, Brightview Limited, TTE, which is listed as item 17 in this report. I have a friendship with Lee and Rob McCready who are associated with the applicant. As a result of my conflict of interest, I will now leave the meeting room and the matter is considered and voted on. Thank you. Councillor Wilkie: Thank you, Ms Stewart. Thank you. Councillor Finzel: Thank you, Mr Chair. Thank you. In accordance with chapter 5B of the Local Government Act 2009, I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by Alton Properties No. 9, PLTTE, which is listed as item 17 in this report. Thank you.

00:30:00 Councillor Lorentson: I, Councillor Lorentson, have informed the meeting that I had a declarable conflict of interest in regards to item 11 of the delegated authority report due to my personal relationship with the applicant, Mark Bain, and the Bain family, who are family friends. We have attended social events together and our children have attended school together. As a result of my conflict of interest, I will leave the meeting room while the matter is considered and voted on. Thank you, Councillor Lorentson. Deputy Mayor Stockwell: Yes, I wish to inform the meeting that I have a declarable conflict of interest in this matter in relation to the applicant by application by Alton Properties, number 9. Which is listed as item 17 on the report, and I believe, as I've just recently declared,

00:31:00 it's with my association with Levenscreeby and it's identical to what I just read out, so I'll take that as being read. Councillor Jurisevic: I'm quite scared I've declared, I'll move that Council notes the declarable conflict of interest by Councillor Stockwell and determine that it's in the public interest that Councillor Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the I.C.E.O. review was an advisory service, not a statutory process, and Councillor Stockwell's queries at the time were in the public interest, and either he, nor Ms. McCready, stood to personally gain or lose from that advice, and therefore a reasonable person would trust the final decision he's made at the moment, please. Councillor Wilkie: Second, please. Councillor Jurisevic: Councillor Webber, thank you. Councillor Jones. Councillor Wilkie: For all the aforementioned reasons. All right, I'll put it to the vote. No for failure. That's carried unanimously, and Councillor Finzel, Lorentson, and Stewart, and Stockwell are

00:32:00 in the right vote, because they're not in the room. Councillor Jurisevic: I'll move that the Council vote to report by branch of development assessment to the Planning Environment Committee, dated the 6th of June, 2023, regarding planning applications being decided by Delegated of Clarendon. Deputy Mayor Stockwell: Point of order. Councillor Jurisevic: Yes. Deputy Mayor Stockwell: I'm missing it. Oh, sorry. No. Is that the right resolution for this item? Speaker 1: Yes, because that was the... It was all about the funding. Councillor Wilkie: By Delegated of Clarendon. Speaker 1: Delegated of Clarendon. Deputy Mayor Stockwell: By Delegated of Clarendon. Councillor Wilkie: Yes, I'm misread. Deputy Mayor Stockwell: Sorry. Is that what you were reading there? Councillor Wilkie: Yeah, I think I might have misread it. That's all right. So that was carried unanimously. I'll second it. Seconded by Councillor Wegener. All in favour? And that's carried unanimously. I think you might be bringing it the next one. Speaker 2: Okay. Councillor Wilkie: And so how do we get the other councillors back in the room? Have to text them. Text them, please. Mayor Stewart: I can do that. Councillor Wilkie: That won't work. Councillor Jurisevic: That won't work.

00:33:00 Councillor Finzel: I'll message them. Councillor Jurisevic: Thank you. Speaker 2: You can roll on. I'm going to get multiple messages. Councillor Wilkie: Okay, we're up to item 5.4, Maritime Safety Queensland Recreational Boating Facilities Demand Forecast Study 2022. Item 6.1, minor change to existing approval for material change of use to increase the use area for community use, education type 3 adult, and include business use, office type 3. Veterinary situated at ADA Day and 90 Goodchap Street, Noosaville. 6.2, this is a Biosphere Reserve Foundation Annual Report 2021-22, an operational plan. 6.3, encroachments, policy, and organisational procedures. Councillor Lorentson. Councillor Lorentson: I, Councillor Lorentson, inform the meeting that in considering the encroachment policy

00:34:00 and managing any perceived conflicts of interest, members of my family have had encroachments in the past. And there may be encroachments on public land that I'm not fully aware of. To manage any perceived conflict of interest in relation to the matters, I believe it is prudent to declare a conflict of interest in relation to the consideration of this policy, and as such, exercise an abundance of caution. I also note the legal advice received by Council from King & Co that the draft policy does not constitute a planning scheme as defined, and therefore does not come within the ambit of the ordinary business matters exemption contained in section 150EF1B of the Local Government Act 2009. I will now leave the room and not participate in the discussion. Thanks. Thank you, Councillor Lorentson. Councillor Wilkie: Councillor Finzel.

00:35:00 Councillor Finzel: Thank you, Mr. Chair. Thank you, Mr. Chair. In accordance with Chapter 5B of the Local Government Act 2009, 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 I believe, who is an executive member of the Eastern Beaches Protection Association, who was submitted to the Eastern Beaches foreshore management plan, which addresses management issues relevant to the encroachments. Thank you, Mr. Chair. Peter Butt 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, 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. Thank you, Mr. Chair. Councillor Wilkie: Thank you, Councillor Finzel.

00:36:00 I would like to declare a declarable conflict of interest in this matter. I would like to declare a declarable conflict of interest for item 6.3, Shire-wide encroachment policy. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cottrell. Barry Cottrell is the president of the Frisian Beach Community Association, PBCA. The PBCA were among many that requested Council address illegal encroachments. I know the PBCA stand to gain personally or materially through the introduction of this Shire-wide policy. However, I make this declaration out of an abundance of caution, given the possible scope and interpretation of conflict of interest rulings. I believe I can make an impartial decision in the public interest in this matter. I'll leave it to the meeting to determine whether I stay in the room. Speaker 2: So I'm going to take the chair again. I'd like someone to move. Councillor Jurisevic: I'd like to move that the Council note the declarable conflict of interest by Councillor

00:37:00 Wilkie and determine that it's in the public interest that Councillor Wilkie participates and votes on this matter because Council believes that on Councillor Wilkie, the PBCA and the PBCA stand to gain personally or materially through the introduction of this Shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest. I'll second that. Speaker 2: Any discussion? Councillor Jurisevic: I need to again further that this is being consistent with how we have dealt with this matter through this process. Speaker 2: Anybody else? No. No. Councillor Jurisevic: Councillor Wilkie. Speaker 2: Against. Sorry, all those in favour. Councillor Jurisdict. Councillor Wegener. Those against? Against. Councillor Stewart. Deputy Mayor Stockwell: I would like to make the same declaration as Councillor Wilkie just made with the change

00:38:00 to the amount up to $500. Otherwise I'd like to take it as read. Once again. Councillor Jurisevic: Thank you. Council note that a clear and reflective interest by Council Stockwell determines in the public interest that Council Stockwell participates in votes on this matter because Council believes that either Council Stockwell or the BBCA stand to gain personally or materially through the introduction of the Shire White Policy and therefore a reasonable person would trust that the final decision is made in the public interest. Can we have a seconder please? Council Wegener? Anyone in discussion? Again, I need to acknowledge that it's consistent with how we've voted on this matter throughout this process. Okay, put it to the vote. Those in favour? Councillor Wilkie: That's unanimous. Yes. Council Stockwell did not vote on the matter. Deputy Mayor Stockwell: I'm happy to move the community recommendation. Councillor Wilkie: I'm happy to second it. I'll second it. Seconded. Councillor Stewart. Councillor Stewart seconded. Thank you. Any discussion? Councillor Wegener: No, just quickly.

00:39:00 Councillor Wilkie: Council Wegener? Councillor Wegener: This is an incredible piece of legislation going through Council, perhaps the most far-reaching piece of legislation in my opinion so far during our, well, maybe not since the Planning C, but number two as far as what we voted on in this Council. Councillor Wilkie: Thank you, Council Wegener. Any other discussion? Do you wish to close, Council Stockwell? No. Okay, put it to the vote. Those in favour? Yes. That's carried unanimously. May Councillor Morrison and Finzel come back, please, ma'am. Yes. Yeah, yeah, yeah. Welcome back. Welcome back. We're up to 6.4 contract number CM00338, Supply, Installation, Commissioning and Maintenance of an EPS Osirian Thermal Compaction Unit. 6.5, acceptance of the Financial Performance Report

00:40:00 for May 2023. 6.6, 2023-2024 fees and charges. 6.7, appointment of the 2024 show holiday Friday 13 September 2024. 6.8, appointment of Board and Risk Committee external member. 6.9, 2022 Delegations of Authority Annual Review. Councillor Jurisevic: Mr. General, may the report of the General Committee meeting over the 13th of June 2023 be received and the recommendations therein be adopted, except were dealt with by separate resolution. That's the first, Councillor Durrisby. Second. Councillor Wilkie: Seconded by Councillor Stockwell. Any discussion? No. Put it to the vote. All in favour? Councillor Lorentson: Aye. Aye. Councillor Wilkie: Everyone in Canberra is in favour. That's a good sign. There's no confidential session or public question time. The next meeting will be on Thursday, July 2023 at 5pm.

9 ORDINARY MEETING REPORTS ¶

▶ 00:41:00

00:41:00 I declare the meeting closed. Thank you everybody for your participation. And all the best down in Canberra with the motions at the annual Local Government Conference. Thank you.

13 MEETING CLOSURE ¶

▶ 00:41:16

Council's recording ends before this item. Where a meeting resolved to close its doors, that is what the end of the recording means — see what council discussed in private.