Noosa Council Watch

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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 - November 2023 Transcript

Thursday 16 November 2023 · 1 hour 57 minutes of recording · 2,204 lines · 18 voices, 9 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 18 voices and names 9 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.

Before the first item

00:00:00

00:00:00 Mayor Stewart: I note that all councillors are in attendance and that Councillor Wilkie and Councillor Finzel have requested to attend the meeting via Microsoft Teams. To allow this, I move that in accordance with section 254K of the local government regulation, Councillor Wilkie and Councillor Finzel are approved to attend the ordinary meeting dated the 16th of November 2023 via Microsoft Teams. Can I have a second? Councillor Lorentson, all in favour? Carried unanimously. Welcome councillors Wilkie and Finzel and good evening to everyone in our gallery tonight. It's lovely to see you all here this evening. Can I please have a mover for the confirmation of the minutes? I move. I do wish to talk to the motion. And a seconder? I do wish to talk to the motion. A seconder? I'll second. Deputy Mayor Stockwell: Yes, I do wish to raise an issue in terms of the minutes of the meeting. At last month's meeting two petitions were provided to the meeting. On reviewing those petitions, one caused offence.

1 ATTENDANCE & APOLOGIES

▶ 00:00:11

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

2 CONFIRMATION OF MINUTES

▶ 00:00:50

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2.1 ORDINARY MEETING 26 OCTOBER 2023

▶ 00:00:57· Carried unanimously 7-0 from council's minutes

00:01:00 It is a requirement under section 144 of the standing orders that there should be a principal petitioner, there should be a repeat of the grounds of the petition for each page and it should not include offensive content. It wasn't read out at the time the petition was presented but I would like to ensure that the public record is correct, not the... The position as was put in that petition which is incorrect. Cathy, if you could bring to the screen so I can explain that issue. As part of the petition a statement was made and it said we 100% reject council's accusations of the community spreading misinformation. It then goes on, the council keeps telling us that they have no intention of removing powerboats from the river. That is a big lie. This was proven in the viewing of a council meeting live stream where councillor Stockwell talked about removing power. That is, with a grab of the words, the main driver for us is about the non-powered use.

00:02:00 It was looped to repeat over and over again. It was erroneously used to suggest that I had plans to restrict powered craft on the river. The clip was taken completely out of context. I had just outlined at that meeting how Marine Safety Queensland has a mandate to regulate powerboats and to protect waterways and the people who use them. I went on to suggest that safety was just one of the issues that arise from the currently cluttered and congested estuary. It was in this context that I suggested the main driver for council was about the non-powered use, the relaxation, the amenity benefit and the character of the river. I reiterated, later I reiterated in my closing argument in that specific debate that, and I quote, the use of the river by both powered and unpowered craft is really important. If we want to value the benefit of the river as an opportunity for active lifestyle and tourism,

00:03:00 but MSQs only covering the safety aspect, we may have more of a role to play, ensuring that recreational and commercial use is managed within the carrying capacity of the river. I personally have enjoyed powered and non-powered recreation boating on the Noosa River for over 40 years and for about 15 years as a Noosa Sea Scout leader. My interest is in protecting the river experience for future generations. The offence caused by this misinformation is considerable and the promulgators of this should be ashamed. Mayor Stewart: Any discussion? Anyone want to make a point about this? Councillor Jurisevic: I need to ask a question. So yeah, how do we move forward? Speaker 5: Well, this is not a change to the minutes as such, but this will be an attachment to the minutes. So the minutes will stay because they're a record of the proceedings of that meeting.

00:04:00 That's how I understood it. So you're more than welcome now to continue on with the motion of accepting the minutes. Okay. Mayor Stewart: So in regard to the acceptance, this is Councillor Stockwell's statement and we're not voting on that. It's just a statement he's making and we're voting on the minutes and acceptance of the minutes. Okay. Thank you. So we'll go to 10 minutes. Excuse me. Sorry, Councillor Finzel. Councillor Finzel: Can Cathy please scroll that up because I can't see all of the writing that's on this report. Mayor Stewart: Which one, Karen? Councillor Finzel: What's in the blue highlight? I can't see that. It's just part of the petition. Speaker 5: Right. It was what was written on the petition. I'll just zoom it up for you. Councillor Finzel: Can you make that bigger? Okay. Okay, thank you. Mayor Stewart: Anything further, Councillor Finzel? Councillor Finzel: Madam Chair, I didn't quite catch what you said.

00:05:00 Mayor Stewart: Anything further? Did you have any further questions? Councillor Finzel: No, that's fine. I've been able to read that. Thank you. Mayor Stewart: All right. So we'll put the confirmation of the minutes all in favour. Councillor Finzel: In favour. In favour. Mayor Stewart: Carried unanimously. Thank you. There are no mayoral minutes. Does anyone have any petitions? There are no notified motions, no presentations, no deputations. As we have quite a few reports on the agenda, we will bring item 11, public question time, forward. We have three applications to public question time. As I call up each questioner, could you please come up to the podium. Just a reminder that once your questions have been read and responded to, you may leave the meeting if you so wish. You're not in any way obliged to stay for the whole meeting. And please note that once the responses are given, there will be no further interaction or discussion on the matter. So Ms Deborah Walse, thank you very much for coming this evening. Thank you. Please.

3 MAYORAL MINUTES

▶ 00:05:48

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4 PETITIONS

▶ 00:05:51

00:06:00 Okay. Thanks. Deborah Walse: Good evening, councillor and gallery. My name is Deborah Walse. Good evening. My first question. Mayor Stewart: Can everyone hear Ms Walse? Okay. Yes. Councillor Finzel: Thank you, Madam Chair. Deborah Walse: Okay. Given everything we know about the toxicity of fluoride, which is the topic I'm speaking on, or questioning tonight, and Noosa Council being only one of 19 councils out of 77 councils across the state of Queensland that has adopted the inclusion of fluoride in town water systems. Was there any community consultation prior to fluoride being included? And if so, when and how? Mayor Stewart: Thank you. Mr CEO, we've got our director, Richard. Our director is here. Speaker 4: Yes. Through the chair, and thank you very much for your question. Queensland Health advised that fluoridation in American water is the most effective community

00:07:00 wide means of reducing tooth decay. Water fluoridation, an opportunity to reduce tooth decay, is the most effective way to get viral health benefits in Australia and is supported by peak health bodies, including the National Health and Medical Research Council, Australian Dental Association, the Australian Medical Association, and the World Health Organisation. Queensland Health confirms that approximately 72% of Queenslanders receive fluoridated drinking water. Fluoride is added to drinking water because it strengthens tooth enamel, which leads to tooth decay. The Department of Health is responsible for encouraging councils in Queensland to add fluoride to their drinking water systems. As well as strictly monitoring the quality and safety of potable water under state and water national guidelines. Fluoridation in Queensland is regulated in accordance with the Water Fluoridation Act 2008 and the Water Fluoridation Regulations 2008. The state government has since devolved powers to each local government in Queensland to

00:08:00 be able to make the decision whether or not town water supplies within the area are fluoridated. Noosa Water is treated by the region's bulk water authority to secure water. It is relevant to note that full costs to reverse any decision to fluoridate the water supply must be borne by the local council and rate coders. I am aware that Noosa along with Moreton Bay and Sunshine Coast Councils within Unity Water Service Areas have not made a decision under section 103 of the Water Fluoridation Act to cease adding fluoride to their water supply and no community consultation has been made. Mayor Stewart: Thank you. Thanks Richard. Do you have another question? Deborah Walse: My second question. Is council aware of the numerous scientific studies that explain the detrimental health consequences of the addition of fluoride?

00:09:00 For example, enzyme inhibitor, neurotoxin, dental fluorosis, osteoporosis, plus many more in town water. And do you believe that fluoride has a negative effect on the quality and safety of the water supply? Speaker 4: Thanks Richard. Through the Chair. Thanks very much for your question again. Council is aware that there are a range of different viewpoints and research involving accredited, uncredited and independent studies into the potential health benefits and effects associated with the fluoridation of town water. Council relies on the advice from Queensland Health as the government department responsible for public health and our state to evaluate medical research from across the nation and the globe and to provide the best possible advice. Advice from Queensland Health states that local governments should note that fluoridation has been proven as safe, effective and an ethical means of preventing tooth decay for people of all ages and not just for children.

00:10:00 It is supported by peak health bodies including the National Health and Medical Research Council, the Australian Dental Association, the Australian Medical Association and the World Health Organisation. When considering whether fluoridation is in the best interest of a community, Queensland Health recommends local governments consider fluoridation as a safe and effective means of preventing tooth decay. In relation to the statement regarding conceit, I would advise that Councils are bound by the registered framework which must be adhered to in making decisions about fluoridation of town water. Council will fully adhere to its obligations in this regard. Mayor Stewart: Thanks Richard. Thanks Ms Walsh. Thank you for taking the time to be with us this evening. The second question, the second application is from Mr Nick Cook. Nick, would you like to come up? What's your name? Nick Cook: I'm Nick Cook. Can Council please confirm the total sum in dollars of Council funding in grant given

Public question: NICK COOKE

▶ 00:10:42

00:11:00 to Zero Emissions Noosa since its inception in 2017? Deborah Walse: Hi Nick. Speaker 9: Kim Rowland. Good morning. Since 2017, ZEN Inc has been successful in gaining $226,675 across the seven years via various Council, community, economic and environmental grants and funding. Thank you. Can Council please confirm the total sum in dollars of Council funding in grant given Speaker 9: Our investment partnership with Zen Inc and Yarra Energy Foundation have been awarded half a million dollars to install a community battery in Noosaville.

00:12:00 Pad mounted batteries of less than 15 metres squared are not categorised as assessable development under the Shire Noosaville Zilphoning Regulation. However, in accordance with Noosaville Council's risk management and opportunity framework, the community battery project has been subject to a number of assessments to identify and assess the risks across the life cycle of the battery deployment. These assessments have considered and included the technology, site assessments, planning, environment safety and cost. Mayor Stewart: Thank you. Thank you, Kim. Thank you, Nic. Third question is from Ms Sanya Borg. Welcome, Sanya. Speaker 2: I've got two questions. The first one being, if the conservation part is declared over the existing fish habitat areas, what extra powers exactly does that give Council that your State perhaps don't already have? Why is it necessary, or even a point of consideration, if the river's health is at a critical level as suggested and urgent action is required, knowing that consultation will just extend the time required?

00:13:00 Mayor Stewart: Thank you. We have Kim here to answer your question. Speaker 9: This is yet to be determined. We have not yet decided on the requirement properly. As the concept of conservation park established under the Nature Conservation Act over the fish habitat areas of the Noosaville River was subject to a comprehensive consideration and investigation to determine what they greatest worth. This is now on hold and deferred until 2024. Speaker 2: Okay, question two. Given that the catchment pool has been in three different types, one would assume that there's already an intrinsic agreement on the declaration of the conservation park. In terms of the environment and scientific significance, how is it that the rest of the Noosaville River does not rate as at risk? Is there significant scientific evidence or a report that will link that suggests that the areas of the river outside the fish habitat areas are not at risk and do not require to be included into the conservation park?

00:14:00 Speaker 9: While the catchment falls within the three different Shires, a very small proportion of Noosaville River catchment is shared with DP and Sunshine Coast Council. However, Council does work collaboratively with Sunshine Coast Council and Gindy Council on various projects within the Board of Catchment Management and considerations. The concept of conservation park over the fish habitat was subject to investigation and was just one of many other actions in the draft of this River and Catchment Plan, which sought to address a wide range of river and catchment management issues and opportunities. Deputy Mayor Stockwell: Thank you. Mayor Stewart: Thank you very much. Deputy Mayor Stockwell: Can I have a question? Can you confirm that you've actually found somewhere in the Noosaville River, somewhere in the Sunshine Coast, it's in the Noosaville River catchment? Because my understanding is there is no such thing. Speaker 9: Can we look at that today? There is a small proportion outside Wyver.

00:15:00 Deputy Mayor Stockwell: Oh, okay. Nick Cook: Yes. Speaker 9: Like what? Like Wyver. Oh, okay. Yes. It's very... It's small, but it... Yes. Deputy Mayor Stockwell: They're around the Mudering Creek area. Speaker 9: That's right. Deputy Mayor Stockwell: Lower Wyver. Mayor Stewart: Thank you. Thank you. Thank you for your questions. Thanks, Kim. All right. We are now up to item eight, consideration of committee reports. Item 8.1, planning and environment committee report. Item 5.1 was referred to the general committee. Item 5.2 was referred to the general committee. Item 5.3, MCU 2020-22-0209.01, minor change to a development permit for a material change of use for short-term accommodation at 515. Item 5.5, Cooroy, Noosa Road, TBUR. Councillor Arnston. Councillor Lorentson: I, Councillor Arnston, inform the meeting that I have a declarable conflict of interest

00:16:00 in this matter. My husband and I own a property in Noosa Parade, Noosa Heads. Since November 2020, the property has been used for short-term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant. And although I have a STA property, I will not be positively or negatively impacted by the decision. 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. Councillor Arnston. Councillor Jurisevic: Madam Chair, I'll move that Council note the declarable conflict of interest by Councillor Arnston, and determine that Councillor Arnston participates and votes on this matter, because Council believes there is no personal relationship with the applicant, and Councillor Arnston will not positively or negatively be impacted by the decision, so a reasonable person could trust that the final decision is made in the public interest. Mayor Stewart: I'll second that. Councillor Jurisevic: I do so on the basis of consistency of how we've voted on this matter in the past. Mayor Stewart: Thank you. Any questions for Councillor Arnston? I'll put it to a vote.

8 CONSIDERATION OF COMMITTEE REPORTS

▶ 00:16:02

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

8.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 NOVEMBER 2023

▶ 00:16:22

00:17:00 All in favour? Speaker 6: In favour. Mayor Stewart: Carried unanimously, noting Councillor Arnston did not vote. Thank you. Item 5. Can I have a mover for that, please? I'll move that. I'll also be. I'll waive my right to speak. All in favour? Favour. Favour. Councillor Arnston. Yes. Carried unanimously. Item 5.4 was referred to the General Committee. Item 5.5, planning and environment quarter piece. Appeal number D154 of 2023, enforcement notice issued to 1 slash 5, Otunga Heights, Noosa Heads. Councillor Arnston. Councillor Lorentson: I make a declaration as already stated and as per previous declarations in terms or in regards to my STA property. Thank you, Councillor Arnston. Councillor Jurisevic: I'll note that, the Council note that the declarable conflict of interest by Councillor Arnston determined that Councillor Arnston participates and votes on this matter.

00:18:00 Because Council believes there's no personal relationship with the applicant, Councillor Arnston will not be positively or negatively impacted by the decision. So a reasonable person would trust that the final decision is made in the public interest. Mayor Stewart: I'll second that. Councillor Dreyfus. Councillor Jurisevic: Again, only on the basis of consistency with the approach before. Mayor Stewart: Thank you. We'll deal with that separately. All in favour? Councillor Jurisevic: Favour. Mayor Stewart: Councillor Arnston. Councillor Finzel: In favour? Councillor Jurisevic: I'll move it. Mayor Stewart: Thank you, Councillor Arnston. You move it. I'll second it. Councillor Dreyfus. No discussion. All in favour? Councillor Jurisevic: Favour. Councillor Finzel: In favour. Mayor Stewart: Carried unanimously. Thank you. 5.6. Planning Environment Quarter Peer Number D155 of 2023 Enforcement Notice Issue 2.3 slash 5, Otunga Heights. Councillor Arnston. As per previous declarations. Thank you. Councillor Jurisevic: As per previous resolution. I'll move the same resolution. Councillor Mayes has declared the conflict adjourned. It's by Councillor Mayes. Mayor Stewart: I'll second it. All right. All in favour? Councillor Wilkie: Favour.

00:19:00 Mayor Stewart: In favour? Carried unanimously, noting Councillor Arnston did not vote. Do you want to move the original? Councillor Jurisevic: Yes, I'll move the original motion. Mayor Stewart: Just to keep it. Second. All in favour? Favour. In favour. Carried unanimously. Councillor Finzel: In favour. Mayor Stewart: Thank you. 6.1. Planning Applications Decided by Delegated Authority September 2023. Would someone like to move the Planning and Environment Committee Recommendations? State of something that I've mentioned. Thank you, Councillor Arnston. Vic Wagner. Thank you. Councillor Wegener second. All in favour? Councillor Wilkie: Favour. In favour. Mayor Stewart: Carried unanimously. Thank you. That brings us to item 8.2, Service and Organisation Committee Report, item 5.1, Sunrise Shops. Shops 6, Lease Renewal and 5.2, Capital Program 2023-2024, Deliverer's Status. Thank you, Councillor Driscoll. I'll second it, Councillor Driscoll. Councillor Jurisevic: No discussion. Mayor Stewart: All in favour? In favour. In favour. Carried unanimously. Thank you very much, Kath. We're now to item 8.3, General Committee Report 5.1, MCU22-0118, Development Application

00:20:00 for Material Change of Use, Short-Term Accommodation at 94 and 142 Noosa Drive, Noosa Heads. Councillor Wilkie. Councillor Wilkie: Thank you, Madam Chair. I, Councillor Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as the applicant, RACV Resort, support the Noosa Arts Theatre with an annual $2,500 sponsorship. And I also serve as Noosa Arts Theatre President. As a result of this conflict of interest, I will leave the meeting room while the matter is decided. Mayor Stewart: Thank you, Councillor Wilkie. Councillor Lorentson. I ask for a previous declaration on STAs. Thank you. Councillor Jurisevic: Once again, I'll move the Council resolution that Council note the declarable conflict of interest by Councillor Lorentson and determine that Councillor Lorentson participates in votes on the matter. Mayor Stewart: I'll second that. All in favour? Speaker 5: Councillor Lorentson. Mayor Stewart: In favour. Thank you. All voted, noting Councillor Wilkie did not, nor did Councillor Lorentson.

8.2 SERVICES & ORGANISATION COMMITTEE REPORT - 7 NOVEMBER 2023

▶ 00:20:08

00:21:00 Can I have a mover for the original, please? Yes, I move. Thank you, Councillor Driscoll. Second. Councillor Lorentson. Second. Speak to it, Councillor Driscoll. No. All in favour? Councillor Finzel: In favour. Mayor Stewart: All in favour, noting Councillor Wilkie did not vote. Councillor Wilkie back. Thanks, Kath. Councillor Wilkie: Thank you, Madam Chair. Deputy Mayor Stockwell: Psychic. I'm back. Mayor Stewart: Okay, M5.2, MCU 21 slash 0194.01, application for another change to a development approval for a roadside stall to include a food and drink outlet at 201 Mary River Road, Cooroy. Speaker 1: Can I move the staff recommendation and make the, yeah. Councillor Wegener: I'd like to move the staff recommendation and make a motion to amend the staff recommendation. So you just stay into it.

00:22:00 Councillor Jurisevic: Just move the staff recommendation Councillor Wegener: with the following changes. With the following changes, yes. Going down to F, 5F, and say advise the applicant that the food and drink outlet must cease operating from the site within three, change that to 12 months, please. Yep, 24 months. 24 or 12? 12, 24, 24. And G, advise the applicant that the roasting of coffee beans on the site must cease within 24 months of the date. It was three. Mayor Stewart: Three, okay, thank you. Councillor Wegener: The original was three, yeah. Okay. I would need to second it for that. Mayor Stewart: Councillor Wegener. Councillor Lorentson: Councillor Wegener. Mayor Stewart: Would anyone second that? Councillor Jurisevic: Oh, for the purposes of debate, Deputy Mayor Stockwell: as I know, Councillor Giddens is Mayor Stewart: Thank you, Councillor Stockwell. Councillor Wegener, the floor is yours. Councillor Wegener: Okay, thank you very much. This is a big issue for us.

00:23:00 I went back and I was watching the video from April 4th, 2022, and Councillor Amelia, Jo and I were asking Kerri Coy lots of different questions. About what is a food stall, what are the rules concerning it? And we found it quite confusing. And we'd say, okay, well, you can sell things that you grow there on site, but you can't sell coffee there. Well, what if you grew the coffee on the side and you roasted the beans? Could you then sell it at the roadside? Yes, you could, but could you prepare it and sell it to somebody? Maybe, Jo asked, could you take it to somebody? Could you taste it? Maybe. Could you sit down and enjoy the coffee at the site, at the roadside? Probably not. And so then we went to, well, you know, berries. You can grow berries and people can go pick them. You can do that activity. You can make all sorts of arts and things.

8.3 GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023

▶ 00:23:41

00:24:00 And that's okay at a roadside stall, but then comes to bread. And if you have a loaf of bread, can you sell bread? Because the wheat isn't grown on the property. And so, well, then we got back in the yucky muck again. We weren't quite sure what it all meant. And we actually ended up really being quite confused. And these questions are still out there. And after these 18 months or so, we really haven't gone anywhere. We haven't learned, you know, the answers to these. And I think that there's a lot of confusion out there. So we know we're supporting local agriculture through our plans, our corporate plan, we destination, we're working through the local economic plan, especially through the climate change response plan, where we want to move towards a sustainable local agriculture, but there's a lot of confusion out there. And I think that example of this confusion is the Kalula Farm Trail, where years ago there was lots of local farms

00:25:00 opening the doors for people to come into their farms and buy stuff and check it out. And there's very few. There's only one last Kalula Farm Trail. And I know that there's a lot of farms out there, like Bray Farms, East Wall Farm, Permiko, that really are looking forward to doing this, to bringing their agriculture, but there's a lot of confusion. So back to our conversation with Kerri, Kerri Coyle, and the first time that the Bus Stop Espresso came to us before us, and she said, well, the applicant should have made an application for a food and drink outlet. If that application was made, then the council could consider the community interest in the food and drink application. So we all supported this recommendation. We said, you beauty, okay, we'll support that and recommend that Bus Stop Espresso go out and do this application. And Bus Stop Espresso relied on our,

00:26:00 around the table here, suggestions to go off and do that. And so that they've come back 18 months later, and we now have a refusal based on the, refusal based on assumptions which are inaccurate because they came back saying, well, there is a public interest. Look at this public interest we have in Bus Stop Espresso. We jumped through that hoop. But wait a minute, all of a sudden we're saying, no, we disagree with some of these. We disagree with this. First, the assumption for the refusal is based on the first pillar, that the business is really an urban enterprise. Is drinking coffee in the hinterland an urban enterprise? Probably not. You can drink coffee. You can buy, sell coffee out in the rural area. Why does that have to be an urban enterprise? And if we were going to rank it, as far as importance, maybe 50%. 50% urban enterprise, 50% rural enterprise. The second pillar that the refusal is based on is it has a limited,

00:27:00 Bus Stop Espresso has a limited tourism focus. Well, that's not true. We know that just this morning, Rob was telling me that a guy from England came in and he said, I'm from England, I love Bus Stop Espresso. We know that Joel's Journeys, he had Channel 7 out there not that long ago, talking about this is, there's people from all over the world. These letters that come to us, we see so many letters from people saying, I drive for hours, I do this. We come down in our bike club. We love Bus Stop Espresso. It is actually a tour of, a tourism destination. Four minutes. Four minutes. Third, there's no overwhelming need. The pillar is the overwhelming need to locate this on the site, that there is no indelible connection to the site. Well, that's completely obvious. So that assumption, that pillar for the refusal is clearly wrong. So based on this, I personally, I can't support the refusal of the motion. There's just too much confusion.

00:28:00 We know where the Good Ship No Say is heading. We want to support our local agriculture. It is in the corporate plan, economic strategy, and climate change response. But there is one light. There is Bus Stop Espresso as a light going forward because it's born out of COVID. COVID was a situation that sucked for a lot of people. It was really hard. And Bus Stop Espresso had this need. And this is where its need came from. It supplied a need, applied a light. It supplied a place for people to enjoy life, to get their life back on track. It saved lives. Mayor Stewart: Tell me it's about minutes. Councillor Wegener: I know, I know. I've got to go. It's proven that this is what the community wants. This is where we want to go. We have all the planning schemes, everything, which we really need to go that direction. Why are we going to kill Bus Stop Espresso? We can learn from it. We can measure tourism values. We can measure how- We need to know for our own good what Bus Stop Espresso is learning.

00:29:00 How many people are visiting there? We don't know. And if we kill it, we won't know. That's a really important information for us to move forward on our journey as Noosa. How much produce is sold there? We have problems with car parking. How much do we need to learn about car parking from that? Do we need to learn about how- A bus stop, how a food stall like this, or a bigger thing, a private place- Mayor Stewart: Thanks, Ken, we're running at six minutes, so- Councillor Wegener: Is that six minutes already? Six minutes. Mayor Stewart: That was a bit of latitude for you, so six minutes. Thank you. I'm sorry. Just working on that. Yeah. Councillor Wegener: Yeah. Well, we're not kicking the can down the road. We need to do this. By giving ourselves 24 months to really study Bus Stop Espresso, we are taking grasp with our situation. We are holding onto this big thinking. We are transformational thinking, and that's what we need to be doing with council. Councillor Lorentson: Thank you, council.

00:30:00 Thank you, council. Can I ask a question? Yes. And do we have staff waiting on mentioned 24 months? Is the amendment for 12 months or 24 months? 24 months. 24 months. Okay. Thanks, Richard. If anyone has any questions for Richard. Deputy Mayor Stockwell: Some mechanical things. Councillor Wegener moved a motion for refusal and then said we shouldn't refuse. Does the addition of giving non-compliance for 24 months do anything in respect to actually refusing the application? Speaker 4: Through the Chair. So, the application- The application's been recommended for approval in part and then part refusal. So, the changes, as suggested there, what it means is that instead of having a three-month period for the business to wind down, essentially it's allowing the business to continue to operate for a two-year period without an approval in place.

00:31:00 Mayor Stewart: Thanks, Richard. Any questions for John? Deputy Mayor Stockwell: I've got another one. In his argument to support the non-refusal refusal motion, it was argued that clearly the grounds for refusal on need or, sorry, number three, anyway, community need, I think Councillor Wegener may be confusing demand or community desire with the concept of overriding community benefit or planning need as the court would interpret. Can you explain the difference between the two? Speaker 4: Through the Chair, you're correct. The difference between a want and a desire from the community is different to a planning or a community need. Need is generally established where there is a clear requirement for a particular use or activity in the community and an overwhelming benefit that must be demonstrated where the

00:32:00 community requires a facility to provide the necessary functions for a community to function effectively. So the desire and the business being successful and its training doesn't necessarily demonstrate a community or planning need is defined in that. Councillor Jurisevic: So further, I mean, I think I understand the intent of what Councillor Wegener is trying to do here, but by extending the period for 24 months, does this do anything other than extend the ceasing of activities for 24 months? Is there anything else in this motion that alludes to anything that might occur within that 24 month period? Speaker 4: Through the Chair, yeah. The 24 month period is a very extended period for an activity to continue operating without an effective permit. It does raise concerns regarding risks to Council being the decision maker in relation

00:33:00 to these matters. So it will expose the organisation to potential risk if there are accidents or issues to be found that arise in the interim. That's why the suggested recommendation was a shorter reasonable period of three months to allow that business to make further arrangements. Councillor Lorentson: Thanks, Richard. Anyone like to speak to this? Deputy Mayor Stockwell: Just another question. It has... I think every councillor appreciates why the bus stop is, you know, the bus stop is not so well liked. And one of the suggestions in the original motion was to find an alternative location. There's two sorts of permits if that location was in public land. One is a low use commercial permit, which is something that can be ad hoc with no permanency. And the other is a high use commercial permit. If Council went down the track of advertising for a high use commercial permit, would three

00:34:00 months be a reasonable timeframe to achieve that, or is that a bit short? Speaker 4: Through the Chair, it would likely be a bit short, for three months, because what would need to happen, the site would need to be identified. There would need to be an overwhelming, I guess, community need. So Council would need to determine is there a demonstrated need for a site on public land that requires a particular use outside our current community land use policy. So back in 2021, sites were identified across the region. And five year lease permits were approved for a five year period. Under that policy currently, any decision to allow other sites to be explored within that would require consideration and a community benefit would need to be established. And Council could make a decision and an amendment to that policy would be required to facilitate that. So I would agree that three months would be too short a timeframe for a, for a public

00:35:00 tender process to occur to allow a public site to be identified through that process. Deputy Mayor Stockwell: In the past, in similar situations, we've trialled the site under the high use commercial permit. If it proved that there was a general commute, then the high use commercial tender could go out as a result. Is that an option? Speaker 4: Yes. Through the Chair, that's another option, as well as a trial period of a particular site that Council could endorse a site to be identified. And then following that, there could be a formal process. The one thing I would say is, again, it is a competitive tender process. So we need to be very mindful around making that, you know, availability option to all other commercial operators as well. . Mayor Stewart: Thank you, Richard. Any further questions? Speaker 7: I think that's my question. Mayor Stewart: Yes. Councillor Svitch? Yes. Councillor Finzel has her hand up. Sorry. Councillor Finzel.

00:36:00 Karen, you're on mute. There you go. Councillor Finzel: Oh. Am I able to speak now? Mayor Stewart: You're good. Yes. Go for it. Councillor Finzel: Yes. Thank you. And I just have a question to the staff. You defined under the act that, the Planning Act, that the bus stop outlet cannot operate there. In the interest of community and social cohesion and connection, and given where, in a situation in society, not just in Noosa, that things have fundamentally changed as we move away from COVID and what that meant to everyone, in the three-month period, is there opportunity to collect enough data to inform decedents moving forward around the aspirations declared by Councillor Tom tonight?

00:37:00 To inform community and future decisions around driving forward opportunities to promote agricultural business and outlets in the Shire? Is three months long enough to collect enough data to inform our decision moving forward? And moving forward into the future, and in alignment with our corporate plan, is there opportunity to, you know... To speak with other departments, for example, the Department of Communities, which I understand provided vouchers for a free coffee at the Buspresso, for more open and transparent leadership that is around collaboration? In terms of aiming for good governance and bringing our community along with the journey?

00:38:00 Speaker 4: Through the Chair. What I think the question is, Councillor, that you're looking to put across is regarding the question of, I guess, community need, and I feel that's the theme you were asking the question of. That's correct. The normal process for establishing that is where the applicant demonstrates that need, and generally, in a lot of cases, particularly through planning applications, there's a need assessment report that's provided with an application that demonstrates that there is a community or planning need established. That hasn't happened in this particular case. My professional opinion is that that wouldn't be demonstrated. Food and drink outlets are located often in their centre zones, and I don't believe there's sufficient grounds for that need to be established. There is the opportunity for the applicant, through this application process, to prepare or get a report commissioned, to undertake that work, to demonstrate, is there a sufficient

00:39:00 need there for that particular activity to operate in that particular location? However, with regards to this particular application, no report has been provided to demonstrate there's overwhelming community or economic or planning need. Mayor Stewart: Thank you. Speaker 4: So... Councillor Finzel: Thank you. Is there enough time, then, for the applicant to undertake this opportunity? No. Is there a time in the three-month period for the applicant to be able to give you the report that you need to accompany this application? Speaker 4: Through the Chair, the applicant... Yeah, three months should be sufficient time for the applicant to provide further information in that regard. I think it's important to note that the councillors would need to be satisfied as well. The councillor would need to be satisfied that there is that overwhelming community need. That would be a big, big ask in my mind. Mayor Stewart: Karen, have you finished?

00:40:00 Councillor Wilkie: Madam Chair? Mayor Stewart: Hang on. Karen, have you finished your line of questioning? Councillor Wilkie: Madam Chair? Mayor Stewart: Sorry, just wait a minute, Frank. Karen, have you finished your line of questioning, or have we lost you? Councillor Finzel: Yes, Councillor Wilkie may proceed. Thank you. Mayor Stewart: Thank you, Councillor Wilkie. Councillor Wilkie: Thanks, Madam Chair. I think we're at a bit of a stalemate. I think the point here is that we all accept it's a popular business, it's well run, but the bus element is in the wrong location. By having the roadside stalls selling locally made produce to day-trippers and locals is a good thing, and that element should continue in its current location. But we've got to find a safer, more appropriate location for the mobile commercial food and coffee shop. Preferably somewhere that doesn't cause traffic hazards on an 80-kilometre-hour zone. Block access will see customers inadvertently trespassing next door.

00:41:00 The Noosa community has been consistently clear in its demand to us that tourism attractions, as Tom described, or commercial businesses servicing tourists and locals alike, no matter how excellent, don't negatively impact on residents' amenity and lifestyle, and that planning requirements are met. Now, I think this is why 148 Noosa Shire petitioners have called on us to do our jobs, to uphold the planning scheme, not allow an unapproved business to continue to affect residents' amenity or create unsafe traffic conditions. To defer for 24 months runs totally against everything I heard at consultation sessions with the destination management plan, and over the last 10 years. And I think the business owners I've spoken to want an equal playing field. It's popular. It's safe. It's well run. But the bus element is in the wrong location. The business has already been operating for two years without approval, and in that time

00:42:00 the impacts have only grown. Allowing more time will only entrench them. We've been duly warned by residents and professional council staff about potential traffic safety hazards, with children crossing this busy road at school bus times. We've been warned of the potential for a tragedy. If this council can't act and kicks this can down the road for another two years, and in that time the clearly identified risk is realised, what then? There are no words that we could use to get any justification for the decision. The voices calling strongly this week for approval will fall silent. The valid petitioners and others will rightly defend. It's a lovely bus and business, just in the wrong location. Councillor Wilkie: If this bus stop is moved to a more appropriate area, day trippers and locals will still be able to get their morning coffee. Amenity and general safety issues will have been addressed. And we will have acted responsibly. And I'm probably not the only one around this table that doesn't want to make this council the first one to ignore the valid and lawful reasons for enacting the planning scheme,

00:43:00 and the residents' calls for us to do so. Also, let's not make this council the first one where residents take their council to the Planning and Environment Court and use the Noosa Planning Scheme as evidence against the same council. I think we need to think of the broader unintended legal consequences of ignoring our own planning scheme. According to a Planning and Environment Court judge's finding, Noosa Council's success in defending major court appeals, including one against the investment arm of the Queensland Government itself, has been a strong record of making decisions consistently in support of its planning scheme. And I don't think we should risk throwing this key pillar of Noosa Council's legal defence away, and placing the success of all future litigation in jeopardy over this particular matter. Each of us is here today and gallering around this table because we do care. But we must ask ourselves, how would we feel if this was next to us, impacting our privacy, our safety, security and enjoyment of our homes, against the planning scheme, against the promises made by councillors to protect residents against inappropriate development?

00:44:00 This is what our planning scheme set up to protect against, if councillors had the will Councillor Wilkie: to act. We can't say we respect what residents assume. We can't say we are protecting them from the impacts of commercial tourism businesses. And not say this is exactly what we are dealing with here. I support approval for the roadside store continuing in its current location where locally sourced produce can be sold and enjoyed, but finding a safer, more suitable location for this very popular and well-loved food and drink bus. Thank you. Mayor Stewart: Thank you. Thank you. Thank you. Deputy Mayor Stockwell: Thank you. Councillor Jurisevic: Richard, I'm trying to go back to, I think the point Karen was, and Tom have sort of touched on there and where you were going with this. If three months or 24 months, this activity, three months was a recommended by staff, 24 months is what Councillor Wegener was putting on the table.

00:45:00 Suggestion of a report with regard to community need being able to be presented by the applicant. Is that correct? Speaker 4: Through the Chair, so currently the application is recommended for approval in part for the growth I'd sought and refusal of the other elements. So the addition of a report in that time frame, I don't know what that would necessarily achieve unless the applicant was looking to relaunch a complete new application. Councillor Jurisevic: So if within that time, I think is what was trying to be, the applicant could present. A report based on community need, theoretically, within whatever time frame is there, given that this is a refusal within a time frame, would that facilitate any resetting of clocks or reconsideration of this matter when such a report was presented to Council?

00:46:00 Or would it have to go through a whole new planning application process? Speaker 4: Through the Chair, it would need to go through a complete new application. Councillor Jurisevic: Thank you, that's what I was trying to clarify. Thank you. Deputy Mayor Stockwell: And my question was, following on from that, I'll start with the clarification and get to the question. Councillor Wegener has moved the motion that in D and E, refuse the food and drink outlet. Yes. What he's changed is the length of time where Council will not institute compliance action. Mayor Stewart: Down the bottom, Kath. Yeah. Yeah. Deputy Mayor Stockwell: Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Is there any head of power under the Planning Act that gives Council the ability to ignore complaints about unlawful uses, and considering we've already seen them, like even three months is probably questionable, but is there any head of power that allows Council to move a

00:47:00 motion to say it won't follow the Act? Speaker 4: Through the Chair, Council has a duty of care to, I think, to the Council. To the Chair, Council has a duty of care to investigate complaints and whether there's illegal activities, to investigate those complaints in relation to the cessation of an illegal activity, once Council is aware of that, that it must take reasonable steps to address those particular issues. In terms of the length of time that's required to address any of those breaches, the general tests are what is reasonable and relevant in terms of the circumstances and the time it may take for the use to cease. So, it does come down to what is considered a reasonable time of break, and we believe three months is ample time for that use to cease and another occasion to be sourced. Councillor Lorentson: Councillor, there is just no question, this is an iconic bus, an iconic coffee shop, and has provided, you know, immeasurable community support and great coffee for this community.

00:48:00 What can we do? Well, what concerns me with the amendment made by Council Wegener, that it dismisses entirely the rights of a property owner, and they're the ones that we should be protecting over the rights of non-property owners. It also dismisses the value that we put on the mental wellbeing and protection of our residents. I said this at the ordinary meeting. People have to be protected. People have to come before business. This is an incredible business, but it's not located in an appropriate site. It's contrary to the NUSA plan, and, you know, you buy in a residential area because you expect it to be residential.

00:49:00 If that was you, you're living next door to this incredible business, and this is such a difficult, difficult decision. But put yourself in the neighbour's shoes. How would you feel if a tourist attraction, Populum, and its success, I said this on Monday, its success has been its downfall, that it's no longer small in scale. Two years, the neighbours were happy with the operation. It was small in scale. It's now no longer small in scale. And it's adversely impacting the mental wellbeing. The mental wellbeing of residents. And again, I stand here, like I did with the Timbiwa Meat Processing Facility. The rights of people's rights to private enjoyment need to be protected. Property owners have rights.

00:50:00 Councillor Jurisevic: So, Tom, I don't think this is where you actually intended to go. I don't think your intention was to refuse and only extend for 24 months. I don't see the benefit of extending a timeframe and putting off what is the inevitable, because there's no coming back from this. This is, at the end of this, the operation has to cease, whether it's three months or 24 months. There's no rectification of the situation. Other than for the bus stop and the cafe element of this to cease. So, I can't support the motion as it stands. Mayor Stewart: Thank you. Councillor Stockwell. Thanks, Joe. Deputy Mayor Stockwell: I share Councillor Wegener's enthusiasm for trying to build an agro-tourism based entrepreneurial

00:51:00 products throughout our rural area. I understand the constraints. I think what has, in his arguments to support this motion, he's conflated a range of issues. What we're looking at here is a different concept. It was a concept of clustering small-scale artisanal food production, and providing a retail front within a brewing zone of a peri-urban environment within three kilometres of town. It's proven to be quite popular, but the main driver for that has come out of having a food and drink outlet. There's no doubt. I've enjoyed it. It's a great place. Informal, quirky, all the things that a whole lot of people enjoy. There's no doubt about it.

00:52:00 And if we could make political decisions, there's no doubt, looking at development trial applications, there's lots of votes in saying, yes, let's go there. It's really easy. But we are prevented at law from taking political decisions when it comes to deciding development applications. We can only assess development applications within the relevant criteria of the planning scheme. And that is why I can't support the motion, is because the staff report has identified areas that it can't meet. I don't say in the future there's not going to be needs for small clusters in peri-urban areas for community centres, but no planning actually supports it at the moment. We can't predict into the future what planning might do. We can only assess a current development application on the current plan. The essence of this business is partly about a rural environment, but mainly about the character and the nature of the service delivery.

00:53:00 The location could change and be equally or more successful. That's why I think the last part of the argument is if you wanted to support it, we know there are real issues with traffic safety. There is no doubt part of the valid submissions made highlighted that there are traffic management issues. Riding the bypass or driving the car pass, we know that it can get very busy, cluttered. If the option was to approve it, it would be approve subject conditions and to address those traffic management issues. As I said on Monday, I don't have to ask an engineer, but the cost of actually addressing those is probably going to make the business economically unviable.

00:54:00 It is far better to try and support the business in other ways to try and see if there's better locations where it can be established. Hence, I won't be supporting the motion. Thanks, Councillor Stockwell. Mayor Stewart: Councillor Finzel, would you like to talk to this? Councillor Finzel: Madam Chair, I would just like to take the opportunity to say that this application has highlighted a lot of complexities. It has also highlighted the need for us to listen to our community and take on board what they have to say in this place. Their voice matters. I think that moving forward, we need to do a lot of work as a council to give more voice at the table. This might not be the opportunity right now, given we're constrained by the Act. But I think moving forward, we have to look at breaking down silos in alignment with our corporate plan to address these issues that come before us.

00:55:00 We all deserve a seat at the table to find a balance and good governance moving forward to a future that needs to include all those things. When we talk about people's rights, we also have rights collectively to be able to come together through social connection and cohesion in the right manner. And that where everyone has equity in the space and balance. And I'm sure that's what the current planning scheme is trying to address. But I think we've got a lot of work before us, councillors, to actually, you know, look at getting up. Social policies and looking around how we can address this and make greater opportunities for people to come together and connect with one another so that we have thriving communities.

00:56:00 And moving forward, I think we need to come together and see how we can address this into the future. Thank you. Mayor Stewart: Thank you. I said this Saturday night at the Sunshine Coast Business Awards. I said whenever you see a successful business, someone once made a courageous decision. And I think the owners of the Bus Stop Espresso made a courageous decision. I think it's been a wonderful asset to the community. We've heard about the benefits. It's enjoyed by so many. But it's just in the wrong spot. And I think that we can work with the owners to find a more suitable location. I think if you build it, they will come. You have certainly built it. And I think the people who frequent it now, who love it now, will follow you wherever it is. And hopefully we can work closely with you to find a suitable spot for that that isn't affecting residential amenity, that doesn't have an impact on safety, that doesn't have the objections that the current spot does.

00:57:00 So I support the staff recommendation. Tom. Councillor Wegener: Tom. Okay. Thank you, everybody. Well, we talk about an assumption that there are other places. I don't think so. I've been looking for a long time. There's a lot of people who want to do similar things out there. It's not that easy to find a location, a similar location. I think that that's just kind of that's kicking the can down the road. I think we could do better than that. I think the dispute from two neighbors, it can't be helped. It's escalating like this is a rise of a lack of a lack of our own dispute mitigation. Council should be getting in faster on these things so they don't blow up a community apart. I don't think that that refusing this and closing down the bus stop espresso is going to end that dispute by any stretch.

00:58:00 I would be much and much more in favor of dispute resolution getting in there early on so that this doesn't happen. Okay. And I think that by the with the 12 or the 14 months, we can actually work on this. We can look at what happened here and say, what went wrong so that other people don't go through the same thing again? Because what are we telling the hinterland community? I think we're telling them, give up. Do you really have? There used to be open farm gate. There used to be more food stalls. They're drying up. We're going backwards. We're losing our edge. We live in a paradise. We live in a place where food grows abundantly, but we don't grow and eat what wants to grow here. We go to Woolies. We go to Kohl's and we buy our vegetables there. We should be really focusing on our own economy and being much, much, much more self-sufficient. This is a trial. And we say it's the problem is its own success.

00:59:00 Again, that's a weak, weak argument saying that, oh, the problem is its own success. We should be learning from its success. As a culture, as a community, as a Shire, as a council, we should be learning what is going on here. Why did it work? That's what we should be asking ourselves. Is it inconsistent with the planning scheme? I don't think it's inconsistent with the planning scheme. I really don't. So I think that this is an opportunity wildly lost. And perhaps if there's any last, if anybody wants to say, OK, give it a year, maybe that would help to decide to find a new spot, find a new place for this, because they can show it. Put your money where your mouth is. Let's find a new spot. But I doubt it exists. So I think I'm with a heavy heart. I see that this is that we're going to go that the recommendation is going to be voted on and approved. And it's not. It's just not the right answer. Thank you. Thank you.

01:00:00 Mayor Stewart: Yeah. So we've got. Kath, can you put it up, please, so we can all see? This is voting on. Councillor Finzel: So Madam Chair, are we voting on Councillor Wegener's motion? Mayor Stewart: Yes, we are currently. So. Thank you. All in favour. With the change. With the change. All in favour? Councillor Wegener. Against. Councillor Stockwell. Stockwell, Lorenston, Wilkie, Drusevich, Stewart. Councillor Finzel. For. So are you supporting Councillor. Councillor Finzel: Oh, sorry. Yeah. For the conversation around moving forward. Sorry, sorry. Around opportunities. No. Mayor Stewart: No. No. Councillor Finzel. It's either. Are you for the. 2020. Yes. Or are you against it? Councillor Finzel: For the 24 months? Mayor Stewart: Yes. Councillor Finzel: Yeah. I'm against that.

01:01:00 Mayor Stewart: Thank you, Councillor Finzel. Thank you. All right. Thank you. That is lost. We now go back to the original motion. Councillor Lorenston. Councillor Lorentson: I'd like to. I'd like to move an amendment. Speaker 7: There's no motion. There's no motion. Councillor Jurisevic: I'm excusable. Councillor Lorentson: To add to the motion, Kathy, that Council request the CEO to expedite an investigation into the feasibility of the provision of a mobile coffee trader or similar at suitable locations in the hinterland, which may include sites such as the Noosa Botanic Gardens and Hinterland Adventure Playground. We've already had the conversation just on Monday and again today that there are options, Council Wegener, but they will have to go through public tender process and an expression of interest.

01:02:00 At the moment, our permit policy says that every five years we've got to review our permit policy, and that was the last time we issued the five-year permit was in 2021, which means the review is up for 2026. That's too long a time for the bus stop espresso to be waiting. So my amendment simply seeks that we investigate whether an application, firstly, whether an application for a mobile coffee trader on public sites such as the Noosa Botanical Gardens and the Hinterland Adventure Playground. Can be supported on the basis that there is an overriding community need for a coffee trader in these locations.

01:03:00 That's the first thing that we need to agree on. If that happens, then as per our commercial permit policy, Council can actually amend the policy and accept or investigate applications that are received outside the tender process. Secondly, the opportunity, and this is part of the investigation and what, again, the amendment seeks to achieve, is whether there is another opportunity that we can fast forward this process by perhaps embedding it into our botanical garden master plan. So I think we have had a lot of conversation and the Mayor, in fact, raised the issue of a coffee shop in the botanical gardens some time ago. So in terms of a planning need that can substantiate us from deviating from the need for a coffee shop in the Botanical Garden Master Plan, I think that there is a clear case that there will be an established planning need or community need that will allow us to, again, amend our policy to expedite this public tender expression of interest.

01:04:00 No guarantee that the bus stop cafe will get the position. It's competitive and it has to go through a due process. No guarantee that the bus stop cafe will get the position. It's competitive and it has to go through a due process. No guarantee that the bus stop cafe will get the position. It's competitive and it has to go through a due process. But it does give two really great sites, and potentially other sites, an opportunity for the mobile bus espresso and other coffee shops to put in a tender. We just need to go through a proper process. We start, you know, there's an expression that I think sits in one of the planners' office downstairs, and I remember first month in the job, I sat in his room and I just saw this big poster and it says, death by a thousand cuts.

01:05:00 And over four years, you start learning what that actually means. You know, there are times when social and community need overrides planning needs, that we can't be too prescriptive within this plan. But most of the time we've got to stick to the plan. That's the will of the community. It's a community document written for the community by the community. Staff said also on Monday that, talked about, Richard, you talked about the unintended consequence or impact of deviating from the Noosa plan. And it's something that we didn't raise today, but I do want to raise it because we've got cafes located in commercial areas. And if we start deviating from the plan and opening just ad hoc coffee shops all over rural places, it will undermine confidence for cafes located in commercial zone properties.

01:06:00 And that's why we can't kill our Noosa plan with these a hundred cuts. So anyway, back to my amendment. I hope you support it. Oh, sorry. A motion with the addition J. I hope that you will support it. And I hope that this can be addressed. It will be done early New Year. And, you know, public tender or an expression of interest can hopefully be seen before the March elections. Speaker 9: Thank you. Councillor Jurisevic: Madam Chair, I'd like to make a couple of amendments and I'll do them one at a time. Cathy, just the first one. The second one is irrelevant now. The first one would be K, to request the CEO to investigate extending the 60 kilometre per hour speed limit on Mary Lou Road. To Lawnville Road to enhance the safety of vehicle interactions in these locations associated with the transfer station and truck movements.

01:07:00 Mayor Stewart: Thank you. Do you want to second that? I second. Thank you. Councillor Stockwell. Councillor Jurisevic: I do so on the basis of a lot of what we've heard here today. Today, but also through all of the debate and all of the discussion and all of the information that's been coming through with regard to this section of road. If we are to continue to have a roadside stall at this location, the conflicts of interactions have been alluded to by one of the neighbours with a petition, but also the location, the near proximity of the transfer station and the fact that truck movements and all the rest that are there, the extension of the 60 kilometre section would only be a few hundred metres to Lawnville Road, and I think would enhance the safety and approach to the bridge and for all residents in the area as they enter the Cooroy Precinct. Mayor Stewart: Thank you. Any questions for staff? Or anyone else like to speak to this? Councillor Finzel: I have a question for Councillor Lorentson. Has she spoken to the owner of Bus Stop Espresso about whether he wants to actually apply for a mobile van use?

01:08:00 Councillor Lorentson: Who should I have spoken to, Karen? Sorry. To the applicant. Councillor Finzel: Has the applicant agreed that he is interested? And the mobile coffee bus. Councillor Jurisevic: Madam Chair, I've asked the question, is it relevant to the amendment? I don't think it's relevant, no, totally un-relevant. Mayor Stewart: Councillor Finzel, we're dealing with the... Sorry. No, it's okay, it's hard when you're online. We're dealing with the amendment number one about the speed limit, the 60 kilometer per hour speed limit on Mary Rupert Road at the moment. Councillor Finzel: Oh, my apologies, I want, okay, thank you. Mayor Stewart: Would anyone like to speak to the amendment put forward by Councillor Stockwell? Councillor Wegener. Councillor Wegener: Yeah, it's a great amendment because it's just too fast.

01:09:00 You've got SES, you've got the dump, and you have a very, very fantastic food stall on the other side of the road. It should be 60 kilometers. Thank you, Councillor Jusevic. Mayor Stewart: Thanks, Councillor. Anyone else like to speak to this? Frank or Karen, would you like to speak to the amendment about the 60K? Councillor Finzel: I'm happy to support any amendment that increases pedestrian and vehicle safety. I think it's paramount that we support anything that contributes to safety of our residents. Mayor Stewart: Thank you, Councillor. Councillor Wilkie. Councillor Wilkie: Sensible amendment, thank you, ma'am. Mayor Stewart: Thank you, Councillor. Thank you. Yes, no? Okay, we'll just close. We'll put it to a vote. All in favour? In favour. In favour. Carried unanimously. Thank you. Thank you, Madam Chair. Councillor Jurisevic: I'd like to, and I hope you bear with me. This is a bit of an amendment on the run, unfortunately, because it's not, again, I had a different understanding

01:10:00 of where this was going, but I'll, and I apologise, Cathy, I'll dictate this as I go. So K, J, K, L. I'll move an amendment L. Request the CEO to investigate the possibility of community rural nodes that may facilitate rural enterprise with small-scale commercial activity in appropriate private land locations. Speaker 7: Sorry. Deputy Mayor Stockwell: Sorry. Can I raise a point of order? Yes. Just from the start of it, it's not relevant to a planning application. It's a broader matter, so therefore it's either ultra-wise. Okay. Mayor Stewart: All right, Councillor. Councillor Jurisevic: Okay, that's what I was trying to do on the run, Mayor Stewart: see if it had any leaks. Yep, yep. Anything further, Councillor Griswitch? No, I'll leave it at that, because I'm not going to have any leaks. The amendment one is moved and forms part of the substantive motion. Councillor Lorentson is the only one who has spoken to the original motion. Would anyone else like to speak to it? Councillor Jurisevic: Yeah, I will.

01:11:00 Look, I said the other day, and I think Council alluded to it when this proposal first came to us and we gave it an extension of time. We thought it had merit. We thought there were benefits that it clearly articulated, particularly through cable. And that there was a strong community support behind it. And I allude to one of the, I said it the other day at the meeting, I mean, the element of the proposal is contrary to overall outcomes of performance, outcomes of PO1, 5 and 13. And those were, the proposal is not a rural activity, it's an urban activity and will not add value to goods produced on site. Well, I'm a bit along the lines of where Councillor Wegener's head is at, drinking coffee or producing coffee. And that, I don't see it only as an urban activity. I see everybody drinks coffee and the opportunity to do that is there. The proposal does not have an indelible connection

01:12:00 to the rural ecological values of the site, and it's more appropriately located in an urban area. Again, I think that's the appeal of the site is specifically there to create that indelible connection to the rural and ecological values of the site. So, one could argue that. There is no overriding community benefit for the food and drink outlet to be located on site with no particular circumstances relevant to warrant that proposal. Well, I've been overwhelmed with elements of support from the community in that regard. So it does facilitate a desire for the community to be able to do that. And clearly, it's a credit to Rob and your team that you've been able to facilitate this sort of ambiance and desire for the community to have an outlet that they can sit down and relax with in easy walking distance. In an urban environment, you can walk to a coffee shop more often than not. In a rural setting, it's not so easy.

01:13:00 So you've created something new. And the proposal detracts from the City Committee. Well, I think we can, you know, the City Committee is exactly what people go there for. So that element to me is where I can support it. The challenge is the rest of the planning scheme doesn't. And that was why I was trying to come up with some ways and means of looking at the planning scheme going forward and seeing if rural hubs or rural nodes, community nodes within the rural environment on private land might be something that we investigate for the future. Because you've clearly articulated something that the planning scheme doesn't or hasn't thought of. And going forward, I think it's an opportunity for us to go, hey, maybe there's some merit in this that can benefit in the long run or in the future. So that's what I would propose, that when the next opportunity for planning scheme amendments come forward, that we look at what you have brought to the table

01:14:00 with regard to what you've facilitated for your community. Unfortunately, based on the planning scheme and the elements of the planning scheme that address the food and drink element of your proposal, I have to support the staff recommendation for refusal of that element of it. There are some challenges. Clearly, I don't believe that with the application, you've adequately addressed the elements of parking. Deputy Mayor Stockwell: The point of order, the councillor appears to be talking to the gallery rather than through the chair. Councillor Jurisevic: Sorry, my apologies. I don't believe the applicant in this case has addressed all of the, as has been alluded to, the traffic and parking issues on the site. My concerns are that I haven't seen any element of, where a food and drink outlet is concerned, I would expect public conveniences and the like.

01:15:00 And I haven't seen anything other than, you know, a proposal for a portal loop to be facilitated here. When I think of the next step of a process, and I think of building certification, I think that there would certainly be a requirement for a disability compliant toilet based on building certification. So there's a lot of things that still have to be considered and addressed going forward in that regard. And I don't see that they've been done with the proposals before. So, as much as we champion and we love the concept of what's there, I have to uphold the planning scheme as it stands. And I have to concur with the staff recommendation to refuse the food and drink element of this. Mayor Stewart: Thank you, Councillor Drusvich. Councillor O' I have a question for staff. Councillor Wegener: Considering as, well, considering as Councillor Drusvich just noted,

01:16:00 there are the pillars, very important parts, of the refusal are based on very, very debatable, if not inaccurate, assumptions. How does that affect the actual refusal? Because if the refusal is based on shaky pillars or inaccuracies, is it still a refusal? Speaker 4: Chair, the report recommendations have been put forward to Council was based on planning assessment, against the Planning Act and the Planning Scheme. Councillor Wegener: Councillor O' But, go ahead. Councillor O' No, keep going. Councillor O' So, it appears to me as though that we were looking at a need, an overriding public need, for this, for Bus Stop Espresso. And it says that the basis for the refusal is that the Planning Scheme will not recognise this overriding need, and therefore it's against the Planning Scheme.

01:17:00 Is that accurate? Speaker 4: Through the Chair. The application's been assessed on the material that's been submitted as part of the application. Officers have assessed that material against the Planning Scheme, the Planning Act, and that's all we've got for recommendation. There has been no overwhelming community need demonstrated as part of the material watch for the application. Councillor Jurisevic: Councillor O' Can I follow up with, I think Councillor Stockwell alluded to the question before. In a planning sense, need defines something quite differently to what we're alluding to here, is that correct? Can you, again, define need as a Planning Scheme? Councillor O' Correct, yeah. Speaker 4: So, a successful business and something that's popular doesn't necessarily demonstrate that there is a demonstrated community need or a planning need for a particular use or activity to occur. In this case, we're talking about the reference of a food and drink outlet. So, that's the element. It's not necessarily the type of activity, it's actually the land use, the food and drink outlet. Mayor Stewart: Councillor O' Well, we have a question from Councillor Finzel. Councillor?

01:18:00 You're muted, Karen. You're muted, Karen. Councillor O' Karen, you're muted. Deborah Walse: You're not muted anymore? Councillor O' No, you're good now. Councillor Finzel: Can you hear me? Councillor O' We can. Can you hear me? Councillor O' Yes. I just dropped out for a minute. Where are you at? Mayor Stewart: Councillor O' Did you have a question? You've got your hand raised. Councillor Finzel: Yes, I have a question to Councillor Lorentson. With regards to her amendment, has the applicant indicated to you that he's actually interested in applying for the mobile permit? Deputy Mayor Stockwell: Councillor O' Point of order. I don't believe the question is relevant to the decision on the planning application. Mayor Stewart: Councillor O' Yes, sustained. Councillor Finzel, there is a motion before us. There's not an amendment. It's part of the substandard motion and that's what we're considering and voting on. This is just a request to investigate. Councillor Finzel: Councillor O' Thank you.

01:19:00 Deputy Mayor Stockwell: I'll talk to the motion. I've said a fair bit. I do want to remind Councillors, when I believe it was me that moved the motion to defer it to all our year for this application to come forward, there was also a part of that is to look at amending the planning scheme. Unfortunately, we haven't been able to put those amendments out to the community to get their feedback. We have, since February, been waiting for state government sign-off to advertise those amendments. It's without those amendments, whether they support or otherwise food and drink outlets, and without the community feedback on those amendments, we haven't got the ability to vary the scheme requirements.

01:20:00 Those elements are approved in this application. What's not approved is the secondary use, which is, as defined in the planning scheme, a food and drink outlet, which is production of coffee. There may be, as we'll be talking about, and as Councillor Druzek tried to make, there might be a case of looking at, do we make little clusters of community areas? There may be nodes in our hinterland that play a social and commercial function that may be something to look at in future planning scheme amendments. In the old days, we didn't have coffee vans, we had tea rooms. Quite often though, a little bit out of town, they might be next to the strawberry farmer. So people went there both for the primary production and to consume a little bit of their chosen beverage. That is where you do the changes, is at the planning scheme review, not at the individual planning application. Mayor Stewart: Thank you, Councillor Stockwell. Anyone else like to speak to this?

01:21:00 Councillor Wegener. Councillor Wegener: Well, first of all, there is a bright lining, and that is that the food stall is glorious. It's a fantastic food stall and it pushes the boundaries and it will help the hinterland and it's a big step forward for our agricultural, rural hinterland economy. I want to say to the hinterland. Please do not give up because we have the planning scheme amendments coming before us. As Brian noted, we've got the destination management plan. We have the Pomona placemaking plan. We can make a big difference to those plans, and this is where perhaps Bus Stop Espresso can live its last three months promoting proper amendments, promoting ideas like seating at food stalls. As of right now, it's not allowed under the planning scheme, but we can change that.

01:22:00 We can make this. We can take what Bus Stop Espresso has done and not lose it. We can move it forward so that further generations for next year, other people all over the hinterland can enjoy it. It will be good for our economy. It'll be good for our communities working together, growing food, being a part of a community. That's what we need. Joe's Hubs sounds terrific. So it's a sad day with a small lining, and we cannot give up, and there is a bright future. Mayor Stewart: Thank you, Councillor. Councillor Finzel, Councillor Wilkie, would you like to speak to this? Councillor Finzel: Yes, thank you, Madam Chair. Yes, I'd like to say that it's a great opportunity to be a part of the community, to be a part of the community, for us to get together and discuss what the future could look like. That we want to make our light shine brighter, and we want to give voice to our community

01:23:00 and build a thriving community where everyone feels that they have a say and an inclusion of how we want to shape this Shire. We want to promote innovation, entrepreneurs. We want to promote social cohesion and great ideas moving forward. And that's what we need to do. I think that Bus Stop Espresso has given us that aspiration, loud and clear, that our community, we're listening to your voice, we're hearing what you're saying. The matter before us has constraints around the planning scheme, and the applicant did not put in and was able to demonstrate community need within line with that, which is unfortunate, but that's how it is moving forward. So, thank you. I just want to encourage our community to not give up, to work with us to reach those desired outcomes.

01:24:00 We've been elected to these positions to hear your voice, to take on board what you say collectively and individually. And it's our job to help work with you and the Council to find balance. So, let's not give up. Let's think we can strive forward to achieve the outcomes and the desires that clearly represent all of our community and where we want to move forward, to have a Shire that is a shining light, an example to innovation and change, and how collectively we can make a difference. Thank you. Mayor Stewart: Thanks, Karen. Frank. Councillor Wilkie. Councillor Wilkie: I don't think I could add anything of value that hasn't already been said at this point. Thank you, Madam Chair. Mayor Stewart: Yep. Thank you. I've said enough too. Councillor Lorentson, I'm sure it's close. We'll put a matter to a vote. All in favour? That is Councillor Stockwell.

01:25:00 Favour. Lawrence, Dunbar, Kee, Drusevich, Stewart. Councillor Finzel. Favour. Finzel against. Councillor Wegener, that is carried. It is now 6.30. I'm going to call a five-minute break. It's incredibly hot in here. Just to give everyone five minutes. If you'd like to leave, you're welcome to stay. There will be a new chair after the break. Speaker 5: You have to go through the process. We'll do that process when we come back. Mayor Stewart: Yeah, but I'll be leaving prior to that. I have a previous engagement I have to get to, as does Councillor Lorentson, and so we will be vacating these seats. So thank you, everyone. Just five minutes. Speaker 6: Thank you. Councillor Jurisevic: Let's start with this one. Don't give me a gavel, for Christ's sake. Okay. We're online. Speaker 5: Okay.

01:26:00 I have to take control as the chair, as... Had to leave. The mayor had to leave to go to another appointment that was previously organised. So I will call for a new chair. If I can get somebody to... Deputy Mayor Stockwell: I'll nominate Councillor Joe Drusevich as chairperson. Speaker 5: That's a surprise. Deputy Mayor Stockwell: I'll second that. Speaker 5: Councillor Drusevich. Oh, put it to the vote. Sorry. Favour. Councillor Finzel: In favour. Speaker 5: Thank you. That's unanimous. Councillor Wilkie: Sorry. Amelia's not there either. No. Speaker 5: Sorry. Amelia has left the meeting as well. Left the building. Councillor Jurisevic: Amelia... Speaker 5: Elvis. Elvis has left the building. Councillor Lorentson has left the meeting as well. So that will be minuted. Councillor Jurisevic: Okay. So to continue on from where we were before our short break, we're up to item 5.3, further report MCU 21 slash 0110, application for material change of use, bath, food and drink outlet, outdoor sport and recreation, resort complexes, you want Noosa Drive, Noosa Heads.

01:27:00 That matter was... Mayor Stewart: You don't need to read that. You just need to say the name of it. Councillor Jurisevic: So we'll just move on to 6.1? Yeah. So there. The next item, 6.1, 2023-24 community grants program, community project grants round two overview. We don't have... I said we won't be doing... Yes. Okay. We won't be moving into the declarations until the individual items. So can I have a... No. It's part of the substantive, isn't it? Item 6.2, 2023-24. So when you're throwing in the deep end. Community program funding, community project grants. Community project grants round two program projects. Councillor Wilkie. Councillor Wilkie: Thank you, Mr. Chair. I, Councillor Wilkie, inform the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendations to Cooroora Historical Society, that is the Noosa Shire Museum. I state to the record that although general membership of an organisation does not qualify

01:28:00 as a declarable conflict of interest, I would like to put on the record my general membership of the Cooroora Historical Society out of abundance of credit. This is a caution which is mentioned in this grant round. Although I have a declarable conflict of interest, I do not believe a reasonable person would believe this affects my ability to make an impartial decision in this matter. Therefore, I choose to remain in the meeting room. Councillor Wilkie: However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Councillor Jurisevic: Can I have somebody move a resolution in this regard? Deputy Mayor Stockwell: Yes. I'll move the standard resolution as appears on the screen. I don't think we need to read it out because we're going to have 25 of them. Councillor Jurisevic: I have a seconder. I'll second it. Councillor Wegener. Need to speak to it? No. All in favour? Councillor Finzel. Councillor Finzel: She can't vote on this. I can't vote.

01:29:00 Councillor Jurisevic: I've got a conflict. You've got a conflict coming up. Sorry. My apologies. Okay. So, yes, the three councillors in the room carried unanimously, noting that Councillor Finzel and Councillor Wilkie did not vote on the motion. Councillor Wilkie, once again. Councillor Wilkie: Thank you, Mr Chair. I, Councillor Wilkie, inform the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendations to NoosaCare. I'd like to put on the record that although it does not qualify as a declarable conflict of interest, I volunteer playing music at various aged care facilities in the Shire, including at NoosaCare, which is mentioned in this grand round. I am not a member or executive member of NoosaCare and don't believe a reasonable person would see this as a conflict of interest. Councillor Wilkie: Choose to stay in the meeting room, but will accept the decision of the meeting as to whether I do or not. Deputy Mayor Stockwell: I don't believe we can accept the resolution. Councillor, in his first line, he says, I have a declarable conflict of interest.

01:30:00 In his second line, he says it does not qualify as a declarable conflict of interest. Councillor Wilkie: Second line, I said, I'd like to put on the record that although it does not qualify as a declarable conflict of interest. Yeah. It's changed by staff. I'm declaring a conflict of interest. I'm declaring a conflict of interest. Yeah. Thank you. That qualifies it. That qualifies it. Councillor Wilkie: I'm declaring a conflict of interest, but it's not a declarable conflict of interest. Councillor Jurisevic: Good pick up, Councillor Stockwell. Would you? No. Deputy Mayor Stockwell: I will move the standard motion, and I will talk to it. Well, I realise that Councillor Wilkie is doing it out of abundance of caution. As soon as he declares it, it has to be in his opinion that it is worthy of a declarable conflict of interest. It might not reach the criteria set out in the Act, but it's his assessment as to whether he should declare it. Councillor Jurisevic: Do I have a seconder? Councillor Wegener, thank you. I'd like to say something. Please do.

01:31:00 Just before you do, I'd just like to clarify something, Councillor Finzel. I don't believe I have you recorded down as having a conflict on item 6.2. We don't. She's going to do that. She is going to do that. That's what I wanted to clarify. Thank you. Thank you. Councillor Wegener, you wish to speak to the motion? Speaker 1: I think Councillor Wilkie— Councillor Wegener: You need to stand, Councillor. I think Councillor Wilkie is overabundance, is overabundance of declaring a conflicts of interest. I think that this is well and truly beyond even the sphere of possibility of a conflict of interest. Councillor Jurisevic: No, Councillor. Now knowing that Councillor Finzel does have a declarable conflict coming up, I'll put this to the vote. Those in favour? Carried unanimously. Councillor Finzel, I believe you have a declaration to make here.

01:32:00 Are you still with us, Cathy? Councillor Finzel: Yes, I have. Has Cathy put it up on the screen? Councillor Jurisevic: It is up on the screen. Can you see it? Councillor Finzel: No, I can't see it. Councillor Jurisevic: Would you like me to read it out for you? Councillor Finzel: Can you make that a little bit bigger, please? Speaker 1: That's not it. Councillor Finzel: Let's just make the whole thing bigger. Speaker 1: Damn. Councillor Jurisevic: I like technology. Councillor Finzel: Thank you. I, Councillor Finzel, inform the meeting room that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Cooroora Historical Society, TA, the Noosa Shire Museum. I state for the record that all of the recommendations are in line with the funding recommendations and that the ownership of an organisation does not qualify as a declarable conflict of interest. I wish it to be noted but do not believe a reasonable person would see this as a conflict. Therefore, I choose to remain in the meeting room. However, I will respect the decision of the meeting and whether I can remain and participate on the decision.

01:33:00 Councillor Jurisevic: Can we have somebody move a resolution with regard to Councillor Finzel's status? Deputy Mayor Stockwell: I'm happy to move the standard with the same comment. It's up to each Councillor to decide whether they wish to declare or not. And I think this is worded so it's not a double entendre or whatever it is, oxymoron. But yeah, for those watching, a general membership is a specific exclusion from conflicts of interest. Councillor Jurisevic: Can we have a seconder? I'll take that. Thank you, Councillor Wegener. Anything further to add? I'll put it to the vote. Those in favour? Three Councillors that are eligible to vote have voted unanimously in support of Councillor Finzel remaining in the room. Councillor Finzel: Thank you, Mr Chair. Deputy Mayor Stockwell: I'll move the recommendation coming from the General Committee. Councillor Jurisevic: Thank you. We can have a seconder for the recommendation. Thank you, Councillor Wegener. Any discussion? I'll put it to the vote. All in favour? In favour. Thank you, Councillors Finzel and Wilkie Online. That's carried unanimously.

01:34:00 All in favour? Item 6.3, 2023-24 Community Program Funding, Community Project Grants Round 2 Events. Yep, no conflicts, can... Item 6.4, ah, I see why she screwed that up. 2023-24 Community Program Funding, Community Project Grants Round 2 Infrastructure. Item 6.5, 2023-24 Community Program Funding, Community Project Grants Round 2 Equipment. Deputy Mayor Stockwell: Yes, I have a declarable conflict of interest as per my written declaration and as being declared many times as appears on the screen. I wish to remain, seek the committee's approval to remain in the room for the decision. Councillor Jurisevic: And I have a mover with a resolution of our Councillor Stockwell's status, please. I'll move it. Speaker 1: And I will have to second it. And I will note that Councillor, note that there is a conflict of interest

01:35:00 by Councillor Stockwell in the term that it is in public interest that Councillor Stockwell participate in votes on this matter because Council believes that a reasonable person could not have a perception of bias. The I-C-E-O review was an advisory service, not a statutory process. Councillor Jurisevic: Councillor should be standing . Speaker 1: And Councillor Stockwell's queries at the time were in the public interest, and neither he nor Mr. McCready stood to personally gain or lose from the advice, and therefore a reasonable person would trust that the final decision is made in the public interest. Councillor Jurisevic: Okay. Is there any further discussion? Any questions? No. Can I vote on the matter? Those in favour? In favour. Thank you, Councillor Wilkie. I'm trying to remember who can and can't vote on each of these issues. Carried unanimously by the three councillors that could vote on this matter. Speaker 5: I don't need a call. Councillor Wilkie: Councillor Finzel. Councillor Finzel: Thank you. I, Councillor Finzel, inform the meeting. Sorry, Mr. Chair. Councillor Jurisevic: Just bear with me a second. Are we still on the same item?

01:36:00 We are. Sorry, yep, sorry. Again, you went to the meeting the other day. That's why I don't have you down as a conflict of interest. Please do. Councillor Finzel: That's correct. Thank you, Mr. Chair. I, Councillor Finzel, inform the meeting room I have a declarable conflict of interest in this matter. In relation to the funding recommendations to Katie Rose Cottage, as Lee McCready, who is employed as head of fundraising and partnerships by Katie Rose Cottage, was involved in a volunteer capacity with 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. Councillor Jurisevic: Thank you, Councillor. Happy to move, Lee. So, someone moved 6.5. And do I have a seconder? Thank you, Councillor Wegener. Any discussion? If there's been no discussion, I'll put it to the vote. Those in favour? In favour. Thank you, Councillor Wilkie.

01:37:00 We'll move on to item 6.6, but first we'll have to get Councillor Finzel back. Can you, somebody inform Councillor Finzel if she can return to the meeting? She's back. Councillor Finzel, can you, can you hear us? Councillor Finzel: Thank you, I'm back. Councillor Jurisevic: Thank you. We're moving on to item 6.6, Regional Asset Development Fund RETA grant recommendations round 20, 23, 24. Councillor Wilkie, I believe you have a declaration. Councillor Wilkie: Okay, I inform the meeting I have a declarable. For the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendations to Zest Factor. A Zest Factor applicant, Russell Crouse, Councillor Wilkie: is a general member of Noosa Arts Theatre, where I serve as president. Mr Crouse's grant does not involve the Noosa Arts Theatre or myself. I therefore don't believe a reasonable person would see this as a conflict of interest. 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: Could I have a councillor move the position

01:38:00 on Councillor Wilkie? Deputy Mayor Stockwell: I'll move the standard one to allow him to stay in the meeting, noting the herald. Councillor Jurisevic: Thank you, Councillor Stockwell. Councillor Wegener seconding. Thank you, Councillor Wegener. No discussion. I put the matter to a vote. All in favour? Mayor Stewart: Favour. Councillor Jurisevic: Thank you, Councillor Finzel. Now carried unanimously by the four councillors that were allowed to vote. Councillor Wilkie, I believe you have another declaration. Councillor Wilkie: Yes, I inform the meeting of a declarable conflict of interest in this matter in relation to the funding recommendation to Little Seed applicant, Joanna Wallace, who is a general member of Noosa Arts Theatre, where I serve as president. Her grant does not involve Noosa Arts Theatre or myself, and I therefore don't believe a reasonable person will see this as a conflict of interest. I will choose to remain in the meeting room. However, I will respect the decision of the meeting Councillor Wilkie: of whether I can remain and participate in the decision. Councillor Jurisevic: Councillors, do I have any... Deputy Mayor Stockwell: I'll move the standard motion in regard to letting Councillor Wilkie participate in the decision. Councillor Jurisevic: Thank you.

01:39:00 Councillor Wegener seconding. No discussion. I'll put the matter to a vote. All in favour? In favour. Thank you, Councillor Finzel. Moved the recommendation to come to the General Committee. Thank you, Councillor Stockwell. Do I have a seconder for the RATF grant? Councillor Finzel: I'll be the second. Councillor Jurisevic: Thank you, Councillor Finzel. Is there any discussion? There's been no discussion. I'll put the matter to a vote. All those in favour? Councillor Finzel: In favour. Thank you. Councillor Jurisevic: Carried unanimously. We'll move on to item 6.7, Non-Powered Water Sports Feasibility Study. Item 6.8, Biotech Service Provider Panel Rocks Refresh. Item 6.9, Tourism Noosa Strategy 2023 to 2027. Deputy Mayor Stockwell: I have a declarable conflict of interest as per my written declaration in regard to Lee McCready, who's a director of Tourism Noosa. I seek to remain in the room. Councillor Jurisevic: I have a Councillor Martin.

01:40:00 Determine whether they want to move a resolution with regard to the status of Councillor Stockwell in the room. I'll move it. Move what, Councillor Wegener? Councillor Wegener: I'll move the declarable event just by Stockwell and the standard response that I just read a few moments ago. But he remains in the room. Councillor Jurisevic: Thank you. Do I have a seconder? Was that Councillor Wilkie? Thank you. Thank you. Councillor Wilkie seconding. Any discussion? There being no discussion, I'll put it to a vote. All those in favour? So moved. Councillor Finzel, have you got a declaration? I have a conflict, I can't vote. Thank you, thank you, sorry. Okay, so carried unanimously by those that were unable to vote, noting that Councillor Stockwell and Councillor Finzel did not vote. Councillor Finzel, I believe you have a declaration. Councillor Finzel: Yes, Councillor Finzel informed the meeting I have a declarable conflict of interest in this matter as Lee McCready, who is the Director of Tourism Noosa, was involved in a volunteer capacity with my 2020 election campaign, where I was one of three candidates that ran as a group known as Future Noosa,

01:41:00 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. Councillor Jurisevic: Thank you. Thank you. We will light your footsteps as you leave. Do I have a... Councillor Wilkie: I'll move the motion. Councillor Jurisevic: Thank you. Councillor Wilkie, do I have a seconder? Councillor Wegener, any discussion on the matter? No, thank you. There being no discussion, I'll put it to a vote. All those in favour? Favour. Carried unanimously, noting that Councillor Finzel had left the room and now we'll have to get her back. Come back, Karen. Speaker 5: Sorry, Councillor, while there's a quick break, the lights have been out on Hastings Street. Fantastic. Oh, hello there. You see me texting, that's the reason. Councillor Jurisevic: The lights come on again. Okay, we'll move on to Item 610, the Financial Performance Report for October 2023.

01:42:00 611, the Noosa Council Annual Report 2022-2023. Item 7.1, a confidential item, not for public release, recycling material processing option, new MRF. Item 7.2, confidential, not for public release, Emu Mountain Road shared pathway. And Item 7.3, confidential, not for public release, voluntary flood recovery property acquisition. Can I have a mover and seconder for the adoption of the General Committee recommendations dated the 13th of November 2023, except we're dealt with separately. Councillor Wilkie: I'll second it. Councillor Jurisevic: Thank you, Councillor Wegener moving, Councillor Wilkie seconding. All in favour? Councillor Finzel: In favour. In favour. Councillor Jurisevic: Thank you, carried unanimously. That deals with all of the General Committee reports. We now move on to the items before us in the ordinary meeting this evening. I'll just go to my agenda, which goes into, thank you, Item 10.9.

01:43:00 I've got it down here as 9. 10.1. 10.1. Item 10.1. I'm sorry, 9.1. 9.1. Speaker 5: I'm using my other one. Councillor Jurisevic: Thank you. 9.1. The Operational Plans. 23.3 to 23.4, Quarter 1 Quarterly Reporting. We have Deb Yetze, Executive Officer here for this report. Deb, can you please provide us with a bit of a summary of what this report covers? Yes. Speaker 3: This report provides Council with an update on the progress of initiatives within the Operational Plan 23-24, which was originally adopted by Council in the Special Budget Meeting. The Operational Plan is aligned to the themes of the new Corporate Plan and essentially identifies how we will achieve the objectives of the Corporate Plan in the first year. The format of the report is slightly different to previous reports. It identifies initiatives which are complete, on track, experiencing a minor disruption and a major disruption. The focus of comments that are provided in the attached Planned Explan is on those initiatives which have experienced disruptions, so it forms more of an exceptional report, which

01:44:00 is different to what we've done in the past. Of the 149 initiatives, 6 are complete, 120 are on the track, and 15 have experienced a minor disruption and 8 a major disruption. The details of the status of the thing is shown in Attachment 1, and if Council would like to refer to the Attachment 3, there's a full listing of all initiatives, just to inform Council. The other components of the report deal with the Attachment 2. Attachment 2 includes progress against our KPIs. Now, these are the KPIs which we've reported on historically, and we continue to do that so Council is informed of performance and variances, but noting that we are developing a new performance reporting framework, and we'll be finalising new operational KPIs, and that's a current project. The other factor in that is that we are implementing a new corporate reporting system, which will allow us to provide more real time.

01:45:00 and better reporting. The Attachment 3, as I said, provides a list of all the initiatives to Council information, and there are also a couple of minor changes proposed to the wording of a few initiatives, and they are shown in highlighted red text in a track change format. And that is the conclusion of the presentation. Councillor Jurisevic: Thank you, Deb. Does anyone have any questions for our Executive Officer in relation to the report? No. Thank you for asking, Mr Chair. Councillor Finzel: No. Councillor Jurisevic: Council, Wilkie? Councillor Wilkie: No. No. Excellent report. Councillor Jurisevic: Council's in the room. Deputy Mayor Stockwell: It's interesting. I like the new format in terms of quickly being able to identify where the key areas are. I note that just quickly looking through the major disruptions, some are as a result of Council resolutions.

01:46:00 A number in the transport area is because we haven't been able to fill positions, which is affecting a lot of operations. Is there anything more general other than the fact that a lot of those disruptions are caused because we have key positions that are vacant? Is there any other overview statements which would explain the exceptions that we're seeing? Speaker 3: Yes. To the Chair, other factors are a couple of key projects. We've gone and extended some of our community consultation and engagement so that we're very clear about what the community wants in a couple of the initiatives. The Noosa River Plan is an example of that, and the Council decision that was made on that. Another factor is that while there's difficulty in attracting staff, there are still shortages in certain occupations nationally, and we've got a very hot construction market environment at the moment. We've got shortage of materials, increasing costs as well.

01:47:00 We're not the only Council that's embarked on a very significant infrastructure program, so we are competing at that level as well. A further factor of that, and maybe the Director of Infrastructure and Wildlife contributed to this, is that we've been extremely successful in our grant funding, which has meant that our capital program is significant and much higher than normal. That's something that we've been very successful at. Speaker 5: Just to add to that too, in terms of the traffic and transport, yes, there's been delays, but we're now instituting what we can to expedite that now. We recognise that there has been a delay in some of those for various reasons, but now we're moving forward to capture that, because we recognise also that traffic and transport is a major issue, and a major concern, and a major thought in many people's minds.

01:48:00 We're very confident of that, and we'll continue to work as hard as we can to ensure that we can catch that up and to deliver for the community. Councillor Jurisevic: Thank you, CEO. In relation to that, it's my understanding that there are some initiatives to be taken in that transport area with regard to traffic county, or traffic council and the like. Can we just clarify what is progressing going forward, and what the extent of that work will be? Speaker 7: To the Chair, so the project that we have identified as a high priority and is still resourced is the car parking tech trial, which is the counting of publicly available car parking spaces and the VMS messaging on key entry points into Noosa Heads, because the gathering of that data is fundamental to future parking plans and parking strategies. So that's the one item that we have prioritised as a priority. The other one that we're progressing on, because of the TMR deadlines, is the Northern Sunshine

01:49:00 Coast public transport strategy. Because the Council lobbied to actually supplement the Southern Sunshine Coast public transport strategy, because Noosa hadn't been included on the plans. So now we're working on the Northern Sunshine Coast public transport strategy, and we have deadlines to give them data by the 1st of December. Councillor Jurisevic: Thank you. As well as data, will we be providing the Council's stance on public transport and what we feel needs to be improved and enhanced? Speaker 7: Yes. So as part of the submission to TMR, we're actually documenting every sort of previous correspondence or report to Council, you know, consistent with our transport strategies and other reports. And also duplicating submissions we've made to other documents, such as the South East Plains Ambition Plan. Councillor Jurisevic: Thank you. And just on that regard, I believe there's an opportunity for the public to have their input into each of those elements of the TMR strategies going forward, or the TMR community consultation.

01:50:00 Speaker 7: Yes. So the TMR will be in charge of that consultation process. I have to take that on notice, because I'm not exactly certain of their exact community consultation process. But I can certainly make representations to them. Councillor Jurisevic: I thought I was giving you a Dorothy Dixon. Yes, it is. It's over. Public comment. Thank you. Councillor Wilkie: Mr Chair. Councillor Jurisevic: Thank you. Yes, Frank. Sorry. Councillor Wilkie: Jim, one of the KPIs is the average seconds of wait time in phone queues. This is about the customer service start-up. And there seem to be record lows of between the average of less than 30 seconds of wait time in phone queues, compared to highs of 50 seconds in previous years. What's going on with customer service that's making that happen? Is there a problem with that? Do you have a lower volume of calls? Or do you have more staff? Councillor Wilkie: Or are they just more efficient? What can you tell us about what's driving that improvement?

01:51:00 Speaker 3: Counselors, I'll defer that to Kerri as the Director of the Department. Councillor Wilkie: Okay. Deborah Walse: Through you, Chair. Speaker 8: Thank you, Councillor Wilkie. The reason for the improvement in the response time is that through our 22-23 budget, we were successful in the response time. We were successful in being able to fund an additional customer service officer. And that additional staff member has commenced and is making a significant difference to the response times. Councillor Wilkie: Fantastic. Thank you. Councillor Jurisevic: Okay. There being no further questions, would somebody like to move the staff recommendation? Councillor Finzel: I'm happy to move. Okay. Councillor Jurisevic: Councillor? Second. Councillor Finzel? Seconded. Councillor Wilkie? We'll do one online this time. Councillor Finzel? Would you like to speak to the matter? Councillor Finzel: I just think it was a good report. I'm pleased to see we've prioritised those couple of things Shaun mentioned. And moving forward, I'm looking to see if we can make some informed decisions around

01:52:00 the data collected through the trial. So thanks, everyone, for your involvement. Councillor Jurisevic: Thank you, Karen. Any other Councillors wish to speak to? Stay in silence. I'll leave it at that. Councillor Wilkie: Again, it's like the annual report. There's an amazing amount of work that goes on every day, every week, of every quarter, of every year. And really, it is the staff that are driving these operations, making it all happen. So, through the CEO, could you please pass on our thanks again to, through the directors and managers, to the staff? Councillor Jurisevic: Absolutely. Speaker 5: Thank you. Councillor Jurisevic: I will speak to it. Thank you. The nature of reporting helps us to clearly articulate the positions that we're in, identify the challenges that are before us, and clearly articulates the road going forward so that we can deal with those challenges. So I appreciate the elements within this that make it easy for a Councillor, in particular, to follow the operations of Council.

9.1 OPERATIONAL PLAN 2023-24 Q1 QUARTERLY REPORTING

▶ 01:52:30· Carried unanimously 5-0 from council's minutes

01:53:00 Thank you. Do you wish to close, Councillor Finzel? Councillor Finzel: No, thank you. I think it's all been said. Thank you. Councillor Jurisevic: I'll put it to the vote. Councillor Finzel: In favour? In favour. Councillor Jurisevic: Thank you. Carried unanimously. The next four. Thanks, Deb. The next four items before us are confidential items, and the reason, the nature of the confidentiality is that they are tender awards, and they involve lots of financial information through that tender process. So I'll ask Councillor... Deputy Mayor Stockwell: Can I ask a question to the CEO first? Please. I note that one of the tenders relates to... I know that you land slides on the road that I live on, but they're three or four kilometres further out of town. Would you consider that to be a conflict of interest? Speaker 5: My position on that is no, because it's a natural disaster, and it's something that needed to be repaired.

01:54:00 So I think that's... Councillor Jurisevic: The Council would have no... Speaker 5: I don't think so. ...stronger position on that. Yeah, I don't care. That one would be awful. Councillor Jurisevic: Yeah. Deputy Mayor Stockwell: I'll move we go into... Thank you. ...confidential session for the reasons outlined in the agenda. Councillor Jurisevic: Do I have a seconder? I'll second it. Thank you, Councillor Wilkie. I'll put that to the vote. All in favour? Speaker 6: Failure. Failure. Thank you. Councillor Jurisevic: Carried unanimously. We're back online. Deputy Mayor Stockwell: Does QA cover album blooms? Councillor Jurisevic: Sorry? It's back online. Okay. We're back online. So for those of you who have persisted with us, we are back from our confidential session, and I'll move... I'll put forward item 10.1, the confidential item, not for public release, CN000316B, Flood Reconstruction Package 6B, Landslide Remedial Works Tender Award. Can I have a mover?

01:55:00 Councillor Wegener? Seconded. Councillor Finzel? Nothing to discuss? All in... Councillor Finzel: All in favour? All in favour? Councillor Jurisevic: Thank you, Councillors. Carried unanimously. We'll move on to item 10.2, the Flood Reconstruction Package 7B, CN000317B, Landslide Remedial Works, Black Pinch Road. Can I have a mover? I'll move it. Moved. Councillor Wilkie, seconded. Councillor Wegener? Any discussion? Councillor Wilkie: No, thank you. Councillor Jurisevic: Thank you. All in favour? Seeing none, we move to item 10.4, the Flood Reconstruction Package 9B, Landslide Remedial Works Tender Award. Would somebody like to move the motion? Nothing against it. Councillor Stockwell? Seconded. Councillor Finzel? A moved. I'll put it to the vote. Councillors? Those in support? Councillor Finzel: In favour. In favour. Councillor Jurisevic: Carried unanimously. We'll move to the last item on the agenda, 10.4, CN000318C, Flood Reconstruction Package

01:56:00 8C, Landslide Remedial Works Tender Award, Canova Mover, Councillor Wegener, Seconder? Second. Councillor Wilkie. I'll put it to the vote. Those in favour? Councillor Finzel: In favour. Councillor Jurisevic: Carried unanimously. That brings us to the end of the agenda. The next ordinary meeting will be held in council chambers on the Thursday the 15th of December 2023 at 5pm. I declare the meeting closed at 7.56pm. Thank you all for your attendance. Thanks Jeff.

10 CONFIDENTIAL SESSION

▶ 02:02:52

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.

10.1 CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000316B - FLOOD RECONSTRUCTION - PACKAGE 6B - LANDSLIDE REMEDIAL WORKS - TENDER AWARD

▶ 02:53:25· Carried unanimously 5-0 from council's minutes

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.

10.2 CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000317B - FLOOD RECONSTRUCTION - PACKAGE 7B - LANDSLIDE REMEDIAL WORKS (BLACK PINCH ROAD)

▶ 02:53:48· Carried unanimously 5-0 from council's minutes

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.

10.3 CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000318B - FLOOD RECONSTRUCTION - PACKAGE 8B - LANDSLIDE REMEDIAL WORKS - TENDER AWARD

▶ 02:54:13· Carried unanimously 5-0 from council's minutes

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.

10.4 CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000318C - FLOOD RECONSTRUCTION - PACKAGE 8C - LANDSLIDE REMEDIAL WORKS - TENDER AWARD

▶ 02:54:34· Carried unanimously 5-0 from council's minutes

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.

12 NEXT MEETING

▶ 02:54:53

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.

13 MEETING CLOSURE

▶ 02:54:59

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.

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