Ordinary Meeting - 19 September 2024 Transcript

1 ATTENDANCE & APOLOGIES ¶

▶ 00:02:50

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

2 WELCOME TO COUNTRY by Kabi Kabi Peoples Aboriginal Corporation ¶

▶ 00:02:54

00:03:00 And he was extremely supportive of Kabi Kabi peoples from that early stage. So I see this work as a continuation of what started at least some decades ago. And it's the beginning of a whole new era. We were successful in our native title determination on the 19th of June this year. Again, a very emotional time for us because our very first claim was submitted back in 1996. And sadly many of our old people have passed since then. But we are grateful for being in this position now to move forward with the current council. To ensure that Kabi Kabi peoples, our contribution to caring for this country.

00:04:00 Our unique connection to this place. We're not separate from the environment. Our culture is not separate from the environment. Our people are not separate. We are intricately interconnected. And we look forward to working more closely on many, many exciting ventures into the future. In collaboration with council and community to bring to the forefront the contributions that Kabi Kabi peoples have always made and can make well into the future. Including with sustainable practices to address major issues that we have ahead of us such as climate change. And we have many, many younger generations coming up. There's so many talented Kabi Kabi peoples.

00:05:00 And I'm very proud to be here today sitting with fellow directors and with these younger generation of rangers. And we all look forward to moving together because we all want a better future for our younger generations. We want them to have a legacy of healthy country. Healthy country, healthy people. So look forward to all moving forward together. Thank you very much for the opportunity and the opportunity to speak. Mayor Wilkie: Thank you Aunty Delaina. I too would like to acknowledge that we're meeting on the traditional land of the Kabi Kabi people and also pay my respects to those past, present and emerging. And reiterate the continual invitation for us to join you. As joint custodians and caring for this place that we love and caring for each other.

00:06:00 Next on the agenda is item three which is the report direct to the ordinary meeting. And directly reflecting what we've been talking about. This report is about support for the Kabi Kabi commitment. And we have Kim Rawlings here for this report. Kim can you give us a summary please. Director Rawlings: Good morning everybody. I too would first like to acknowledge and pay my respects and thank our friends who join us today. The board of directors from the Kabi Kabi People's Electoral Corporation. Director Aunty Helena Bullash. Director and Secretary Brian Warner. Director Melissa Lawand. Director Cecilia Combo. And Director Kerry Jones. Thank you very much. Also acknowledging Chairman Norman Bond. And Director Uncle Michael Douglas. Who unfortunately didn't make it to be here. I'm very honoured and privileged to be here in this moment.

00:07:00 And forgive me if I get a little bit emotional. Thank you all. Thank you all so much for providing us this opportunity today. And for sharing your time and wisdom so generously with us. Over the many years but very much in these past few months. During the development of the Kabi Kabi commitment. As we've worked together to strengthen our relationship. We are deeply grateful to you all. Thank you. I'd also like to acknowledge a few people from Council. Cheyenne Armand. Thank you very much. Lynn Bamford. Andrew Saunders. And Kerri Contini who unfortunately couldn't be here today. I'm saying some sincere apologies. She's unwell. She would love to have been here. Thank you all for your immense commitment and contribution. For getting us to this important occasion today. And to the energy and passion that you bring for this Council and this community.

3.1 NOOSA COUNCIL SUPPORT FOR THE KABI KABI COMMITMENT ¶

▶ 00:07:54· Carried unanimously 6-0 from council's minutes

00:08:00 We're very lucky to have people like you. Thank you. I feel very proud and privileged to present this report to you, Council. This report seeks Council's acknowledgement, support and commitment to the Kabi Kabi commitment. Importantly, this action marks an incredibly significant opportunity for Council. To further demonstrate its respect for the First Nations people and our enduring commitment to care for the land, water and people of Noosa. Every so often an opportunity arises with transformative potential. Where the circumstances and timing are just right to partner in a manner that generates significant long-term and intergenerational benefit for the Noosa community. The Kabi Kabi commitment is one of these opportunities. As part of the world's oldest continuing culture, Kabi Kabi peoples have been living sustainably in the Noosa region for over 30,000 years, caring for and regenerating the land. In late 2021, Council endorsed the development of a destination management plan for Noosa as an important step in managing Noosa's success as a sustainable destination.

00:09:00 As part of that process, and Council's core sustainability program and First Nations partnership program, Council worked alongside Kabi Kabi Peoples Aboriginal Corporation to develop the Kabi Kabi commitment. The commitment is an invitation from the traditional owners of Noosa to residents, businesses and visitors to open our hearts and minds, become custodians of our collective home and ensure it is a place that regenerates and sustains nature now so that it can continue to sustain future generations in return. The Kabi Kabi commitment builds on and celebrates the long history of sustainable development in Noosa. It aligns with the long-term values of Noosa values in environmental protection, stewardship and sustainability. Embracing the Kabi commitment honours this.

00:10:00 It enhances Noosa's culture of different by nature, it strengthens Council's commitment to the greater good, and reaffirms Council's dedication to walk in partnership with Kabi Kabi peoples. To protect, sustain and enhance the natural systems that we rely on. It is these natural systems that underpin our values and why we call Noosa home. It is these natural systems that must be managed sustainably and holistically for future generations to continue to thrive in this truly unique and special place. Council, the report recommends that Council, you acknowledge, support and commit to the Kabi Kabi commitment. Embrace the shared principles of custodianship and co-stewardship of Noosa's land and waters in partnership with Kabi Kabi as outlined in the Kabi Kabi commitment. And note that Council will continue to partner with Kabi Kabi to identify opportunities to embed their knowledge, culture, traditions and aspirations in Council's strategies, plans, projects and services across all key areas of Council work.

00:11:00 I'd like to now invite each of the directors if you would like to speak. If you would like to say anything at this point, that would be amazing. And you can then ask Director Brian Warner to read the commitment and share that with us all. Thank you. Speaker 10: I'd like to thank everyone for putting this made. Thank you for putting into the commitment. Like many of us have said before, Kabi Kabi people were, they cared for the country, they looked after it. I think it's all our backyard now, so it's all about all of us working together and having that good relationship. And I think this is the first step.

00:12:00 And we need to push that through, the same with other Councils that our country's, you know, whatever they represent. So thanks everyone for having the input. And let's look after country and get our rangers here involved in all this natural resource management. Thank you very much. Speaker 1: I won't stand up because of my leg. But I'd just like to say this. It's going to be a great day. And we're coming together, working together. And it's going to be a long journey. And like I said, our ancestors were here for thousands of years. Now it's good to see our rangers, our young, the young generation stepping up to a careful country. And it's going to be great.

00:13:00 And it's an honour to be here today. And a long journey, which is today. To sign off. Yeah. Thanks. Thank you, Susanne. Speaker 3: I'd like to thank the Councillors who invited me today. Speaker 8: And acknowledging the commitment and working together to a better future for our country. Thank you. Speaker 7: I'll just say thank you again. Speaker 5: Thank you. Thank you to the Council. And thank you to everyone who's come along today to show your support, your interest and support. Because we all have to be in it together. I'd love to see younger ones down the front. I'll say a special Nara to you both. Hello. I hope you enjoyed today too.

00:14:00 Speaker 8: Thank you. Thank you. Thank you. Speaker 7: Bye. Would you like me to say thank you? So, this is the Kabi Kabi commitment. Welcome to Nisa, a place of great cultural and spiritual sensitivity. I'm sorry to go this way. This has taken a long time. And I'm a bit emotional. This is a place of shadows from the garden trees. It connects us all and draws us together from around the world. We, the Kabi Kabi First Nations people, are the traditional custodians of this land. We acknowledge our ancestors and elders who nurtured and looked after this land. Without them, we would not have the natural resources of the land that we have today. We are part of the oldest continuing culture in human history, dating back 65,000 years. Our songlines and stories go back to time immemorial. We have cared for this land through ice ages.

00:15:00 Climate shifts, great floods, volcanic eruptions and colonialisation. Through this time, we have adapted and learned to care for that which cares for us. We have learned to develop a deep custodian, a reciprocal relationship with all of our shared country. In this modern world, we often forget how much we depend on the natural systems around us. The trees give us clean air, the oceans give us a stable climate, the mountains and rainforests give us fresh water, and the soil gives us healthy food. Without it, we cannot thrive. When healthy land is whole, it is generous and stains its custodians. As we care for and restore the land, it can once again care for us and continue caring for future generations in the face of growing threats. This is a noose that we all want, a place with water we can swim in, streams we can drink from, food that nourishes the body, oceans that replenish the soil, and air that invigorates the body.

00:16:00 A place of mutual flourishing, where our natural world is as much a part of us as we are part of it. With this commitment, we invite you to join us in opening our hearts to listen deeply, to learn intently, and embrace a life that shares this beautiful place with us. This is the key to custodianship, having the humility and respect to care for and protect that which sustains us in return. There's still more to go. We invite you to tread lightly on this country, and to listen to the traditional custodians to protect the totems representing all of country. We invite you to experience the beauty of Noosa, from the koalas on the sacred Mount Korora in the west, to the White Valley Sea Eagle fishing in the Everglades to the north. Speaker 8: And it's amazingly wearing hat today. Gunga is our language, mate. Or the White Valley Sea Eagle. Speaker 7: The humpback whales migrating along the eastern Noosa headland and the loggerheads nesting on the white sandy beaches to the south.

00:17:00 We invite you to share your experience of Noosa with others and encourage them to visit the region also with care and respect. Together we can be custodians of our collective home and transform it into the one that is enduring, one that nurtures and one that sustains nature now so that it can sustain our children indefinitely. We thank you for helping us make the Noosa story into one that redefines our relationship with the living world. The place that defines what it means to be a Biosphere Reserve and shows the world how we are truly different by nature. This is a commitment we make together for our children and our children after. Welcome to Noosa.

00:18:00 Speaker 8: I'm sorry. One sec. Two more. Speaker 7: Now we'd like to stop for a few minutes. That's what I think. Sorry. Excuse me. Okay. Speaker 8: Thank you. Speaker 7: This is really emotional for me because it's taking a long time and people don't understand. We spent 30 years trying to get our data back and to each change. You know, they talk about change, changing people, changing time, changing everything. This is a change management strategy into the future. When I think about using the word for the Australian customer service, it's border control. Border control. Border control. We used to get visas. I was thinking of the highest level where about visitor management and then this fella, Andrew Saunders from Noosa Council, talking about visitor management.

00:19:00 What can we do to get to that highest level to get that visa coming into the country? Where do I start? Why not start a Noosa beloved place? I love Noosa. Everything about its surroundings. I think it's one of the most beautiful places in the world. The world knows Noosa. So why not start a Noosa? And we as Kabi directors are part of the Olympic legacy journey. So they're building Olympic villages and venues in our country. Why don't we come to the place where the world knows Australia? Start with Noosa first. Then we work through our country and build a commitment. We've been to other local councils. Sunshine Council were hoping to take on the commitment next. And Moreton Bay. And hopefully other nations, traditional nations pick up this commitment and take on that legacy too.

00:20:00 Because it's about a legacy. And it's our collective journey as Kabi people. This is just not take and jester. There's a lot more work to be done with this commitment. Because it will help to bring asset income but also allow a relationship to build between We've got to start somewhere, right? Noosa Council and the Kabi people. And why not? We've got similar values. We've got environmental values. Every deep allowance. And why not start where the stars shine? And show the world this is the first place we're on. And think we're having a start. I'm done. Mayor Wilkie: Thank you. I'll move the recommendation. We're going to have a seconder. Seconder. Seconder, Councillor Stockwell. Forgive me for relying on notes. I wanted to get this right.

00:21:00 Today is more than a historic commitment. Resolve to unite and work together. As joint custodians of this place we all love. And call home. Today presents the opportunity for each of us to live more consciously. More mindfully. With deeper respect. Gratitude. And appreciation for this most beautiful, incredible place. And for each other. Today we also acknowledge the many who are already showing the way for our children. Children who see they are growing in a place where people are striving to grow. Children who are willing to contribute to the land. Explorer and Bonner. And everyone who lives there with kindness and care. As part of the world's oldest continuing culture, the Kabi Kabi have been living sustainably in Noosa Shire for over 30,000 years. The Kabi Kabi people's relationship to the land is based on the notion for custodianship of the country. Protecting, sustainably managing and regenerating the natural systems that we rely on for healthy

00:22:00 food, clean water, fresh air, medicine, culture, shelter and recreation. Today, through accepting this invitation to walk as joint custodians, we acknowledge we all have a part to play in caring for our shared place and its people. The commitment between Noosa Council and the Kabi Kabi especially acknowledges Noosa's First Nations people. And their deep cultural and spiritual connection to the nation. And the natural systems that sustain us. This commitment also acknowledges the absolutely pivotal role that our residents, businesses and visitors have as joint custodians. And reminds us that we all rely on nature in order to thrive and prosper. This shared custodian approach with the First Nations people was inspired by leading global best practice examples including New Zealand's Tiaka Promise and the Palau Promise.

00:23:00 Both of these underpin those countries' respective destination management approaches and expectations of all who live and visit those places. This document reaffirms our collective commitment to care for this place we all love. May today be remembered as an occasion where we collectively resolved, as a community, to commit to live more mindfully, with deeper respect and appreciation for Noosa and the people. It's incredible natural assets and each other. Thank you. Any other councillors wish to speak to the motion? Speaker 9: Councillor Stilwell. It's a wonderful commitment and a pledge.

00:24:00 And it's one that if people, not just in this area, but in the rest of the country, around this table but across the community, understand and try and embody in everything we do, will lead to a greater abundance in the future. And we've heard a few numbers mentioned. We heard about Indigenous occupation of this continent being at least 55,000 years in age. We heard the Mayor suggest 30,000 years of Kabi. And most people find that completely unable to understand what that means. So have a think about this river just behind us. Thank you. Have a think how long it took to get there. Think about when Lake Katharabah was a freshwater wetland and the beach was out of the continental shelf and Djerba was on the mainland. Think about how long it took for the sea to come up as the glaciers subsided. How the first oyster spat came in and started to settle in what was now an estuary. How the fish followed.

00:25:00 It took thousands and thousands of years. The Kabi Kabi people have been here longer than the river. They have been, in the commitment, been part of nature. And they've looked after it. So, from thousands upon thousands of years, the elders, in their thinking, weren't thinking about three years' time. They were thinking about the generations to come. I had a birthday recently. I'm officially old. So, I'm thinking about the generations to come. And I think, yeah, definitely. I think in this place, if we are really to understand the commitment, then far more of our decisions are made thinking about not just three years' time, not just ten years' time, but what in three generations, four generations, can we do that will build the resilience and the sustainability of this community. So, I thank the Kabi Kabi for reminding us of what's important about living in a place

00:26:00 and caring for it. And I thank all those in the room who will help enliven this commitment to be part of how we live our lives. Thank you, Councillor Silver. Mayor Wilkie: All councillors will be signing this document shortly. Any other councillors wish to speak to the motion? Thank you. Councillor Finzel. Councillor Finzel: Welcome to everybody. Thank you for coming today. This is a real honour and a privilege. It's a privilege to be here. It's a privilege to strengthen the partnerships between ourselves and the Kabi Kabi people through this commitment and together that we can move forward for the betterment of our peoples, for our land and each other. And I'm looking forward to starting that journey. It's going to be, have a few bumps along the way, but I'm confident that together we can keep moving towards a future where we can, together, can navigate this beautiful

00:27:00 country. Thank you. Thank you, Councillor Silver. And welcome people that are coming to this country and to the people that live here together. We can have a great future that we can all celebrate. Thank you. Thank you, Councillor Silver. Councillor Lorentson: Thank you. I'll make this really brief. With an open heart, I'm honoured to join Council and our Kabi Kabi traditional custom in situating, in celebrating the Kabi Kabi community. And I'm honoured to be part of this commitment and embracing our role as custodians of this beautiful place we share. I pledge to protect this place we all call home and commit to a future where harmony among people, protection of our environment and a lasting legacy for our children are our shared goals. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

00:28:00 Thank you. Thank you. Speaker 8: Thank you. Councillor Wilson: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Councillor Phillips: Everyone else has said it. Thank you. Thank you. Mayor Wilkie: All right. I'll put the motion. Those in favour? That is unanimous. I now move that the operation of standing orders for any relevant provision there will be suspended to allow the signing of the Kabi Kabi Commitment documents. May I have a seconder for that, please? I'll second. Councillor Wilson.

00:29:00 Thank you. Thank you, if you have us, okay, now, we have to sign it, and it's Cheyenne. Well, will it, shall we let, just sign first?

00:30:00 That's fine. Sign here and here. Speaker 3: My son. Speaker 8: You're gonna sign as well? Speaker 3: No, no. Speaker 8: Yeah, yeah, yeah. Mayor Wilkie: On this side? I need you to do this one this morning.

00:31:00 Speaker 8: How many minutes? Two. Two is the period. So see how you do it in two minutes. Thank you. Thank you.

00:32:00 Thank you. Speaker 5: Can I get you to me? There you go. Speaker 8: Thank you. Could I make a comment? Counselor. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

00:34:00 Mayor Wilkie: And that's the signing done. Ladies and gentlemen, please bear witness, we now have a 30-minute adjournment. There's a second. There's refreshments out front. We need to do some media for this. And we'll reconvene at 11.07. Thank you very much for your patience.

00:35:00 Speaker 8: Thank you very much for your patience. Mayor Wilkie: Okay, welcome back everybody. I'll now move to resume standing orders. Can I have a second? Second. Second. Council Finzel? All in favour? That's carried. Thank you. The next item of business is the confirmation of minutes. Can I have a mover and a seconder for the minutes of the ordinary meeting. Thank you, Councillor Lorentson. A seconder. I'm happy to second. Council Finzel, thank you. All in favour? It's carried. Can I have a mover and a seconder for the minutes of the special meeting held on 23rd August, 2024. Thank you. Thank you. All in favour? Carried unanimously. We have received a request for the deputations to be moved up on the agenda. Happy to oblige that request. We'll do the same for questions as well. So we'll move to item nine, which is deputations.

00:36:00 The first deputation is from Rachel Morrison regarding bus seats 5834. Rachel, Dean Pays and John Cherry will be their presenters for this deputation. Would you like to come up to the lectern and present the deputations? Thank you. Rachel Morrison: Good morning Mr Council and guests. My name is Rachel Morrison and I'm here today as part of the bus 5834 care inquiry. We thank you for allowing us to present this deputation. Our request is a simple one, to reinstate the original bus route of 5834 in Kawoiba so it continues to service our primary and secondary aged school children. We request support and immediate action from the council to achieve this. There are a few points we would like to make.

4 CONFIRMATION OF MINUTES ¶

▶ 01:07:10

01:08:00 Residents retaining walls are essential for protecting their properties from raging flood water. See our website video. There is no confidence proposed measures to control stormwater on the development will prevent flooding of these Dianella Court properties or control the erosion and landslide hazard. Residents want Council to consider the impact this development has on the environment. The current proposed development needs to be changed to reflect and address community concerns. Going forward we want full community consultation and clear communication on how our concerns have been addressed. We are going to table copies of our deputation and also our notes from the meeting on the 9th of September for those who want them.

01:09:00 Please excuse our group members who need to leave this meeting for personal commitments now. Thank you for the extra time as well. Thank you. Speaker 8: We're all going to move to the next meeting. Thank you. Thank you. Thank you. Thank you. Thank you. Mayor Wilkie: We are here with Question Time Córd we have three submissions to public questions time. The first is from Sue Agnew. Sue would you like to come up to the lectern to read your question please and the response will be provided by Shaun Walsh, LU, structure will be read by Ult yes. Speaker 2: Thank you good morning. If I might just provide my very big background, particularly in my questions context at the Ted terugmaster office is wonderful thing that you've done. Thank you so much. So Mr. Shire Council provides filtered water bought from filling stations at various locations across the Shire to provide residents and visitors with clean, pure, and clean drinking water that's safe and healthy to drink.

4.2 SPECIAL MEETING MINUTES DATED 23 AUGUST 2024 ¶

▶ 01:09:40· Carried unanimously 6-0 from council's minutes

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

9 DEPUTATIONS ¶

▶ 01:09:51

01:10:00 These dispensers also encourage the use of reusable drink bottles to reduce their plastic waste. So it would be reasonable to assume that these dispensers contain some form of filter or filtration system that removes impurities and contaminants from the water. Common contaminants people may typically want to filter out might include chemicals such as chlorine, sediments, handy metals, and microorganisms. So my question is what exactly is being filtered out of the water in these filtered water bought from filling stations in the Shire? And where does the unsorted water originate from? Mayor Wilkie: Thank you, Sue. Thank you, Sue. That's a great question. Speaker 12: The filters installed on all of Council's water filling stations are fitted with a 5 micron carbon block filter which treats turbidity, particulate reduction, and assists in reducing cloudiness. Turbidity, particulate, and cloudiness can be caused by traces of gravel, sand, or dirt

9.1 DEPUTATION - Bus Service 5834 Applicant: Rachael Morrison Speakers: Rachael Morrison, Deanne Payze, John Cherry ¶

▶ 01:10:01

01:11:00 which remain as pipes following routine repairs or treatment by water services agencies. The 5 micron filters will capture most of these contaminants. The filters are also installed to assist in improving taste and odours and will decrease chlorine compounds added by water service agencies. However, it will not totally eradicate the chlorine in the treated water system. Water supplied by Noosa Council's otter bottle filling stations is from the potable water system provided by water utility agencies. The water is treated by the water utility, SEQ Water, treatment plants prior to being dispatched and supplied to the assets by our water utility. More information about these water utilities and their treatment and distribution systems and networks is available via their websites. Mayor Wilkie: Thank you. Thank you, Sue. The second public question time is from Paula Brady.

9.2 DEPUTATION - Proposed Housing Development at 62 Lake MacDonald Drive Cooroy Applicant: Patricia Spicer Speakers: Patricia Spicer, Paul Noonan, Phil Egan ¶

▶ 01:24:42

01:25:00 Two near-drowning incidents in the past 12 months at Noosa Sunshine and at A-Bay highlight the urgent need for water safety measures in remote areas. Despite long-standing requests for rescue tubes throughout our national community, the National Park at Wollongot, Tea Tree Bay, Gradyt Bay and Alexandria Bay, a recent Surf Life State and Queensland Safety Board unfortunately did not prioritise these devices. They protested instead on relocating the defibrillators and installing emergency access slumbering. However, voting to prioritise it, our community does. Cross Harbour City Council's 2019 remote rescue trial, two trials saw strong community support, no incidents of vandalism and demonstrated life-saving potential. Since its implementation in 2019, there have been no bystander drownings that have been reported.

01:26:00 This trial in New South Wales is a compelling precedent for Noosa's uncontrolled and remote beach areas. In conclusion, Noosa Council has a great opportunity to improve beach safety with a remote rescue tube and life ring trial. Drawing on the success of Cops Harbour, this project could offer a cost-effective, community-supported solution to prevent drowning. The trial's expansion can be carefully evaluated with key stakeholders, ensuring a safer environment for residents and visitors. I'd also like to add that the Noosa Board Riders Club have already donated funds to the World Surfing Reserve for such a trial, and also the Navy that risked their life and possibly could have drowned at more sumptuous times.

01:27:00 There's also community funding, and I think there would be an abundance of community and local organisations that would be happy to support such a trial. Mayor Wilkie: Thank you. Anyway, I wish to speak to the motion, which is about a report in preparing a feasibility of the trial. Does the answer wish to close? Councillor Lorentson: No, only that this is our opportunity to lead it in this space, and I'm hoping after the review that, you know, Surf Life Saving Queensland will roll such trials through our national park, and I'd like to see this rolled over across a lot of our remote beaches. We just recently received an annual report from Surf Life Saving Queensland, and I actually have, you know, visitation numbers, and we have a lot of people frequenting our beaches,

01:28:00 unpatrolled, unsupervised beaches. So I think there is an urgency to put these remote rescue tubes and life-saving equipment on these remote beaches. Mayor Wilkie: Thank you. Would you like those in favour? That's unanimous. There are no presentations. That brings us to item 10, consideration of committee reports. Planning and Environment Committee reports. 10th of September, 5.1 is referred to General Committee. 5.2 to the General Committee. 6.1, planning applications decided by delegated authority July 2024. Move and seconder for the Planning and Environment Committee recommendations to be adopted, please. Move to Councillor Lorentson, sir. Seconded. Councillor Phillips. All in favour? That's unanimous. Services and Organisation Committee report. 5.1 was the Sunrise Shops, Shop 5 lease renewal. That was 5.2 was referred to the General Committee. 6.1 was the Noosa Cultural Plan 2019-2023 implementation update.

01:29:00 Can I have a move and seconder for the Services and Organisation Committee? Move to Councillor Finzel. Seconded by Councillor Phillips. All in favour? That's carried unanimously. Audit and Risk Committee report. It's Audit and Risk Committee briefing paper on interim report, QIA and KPMG risk management BCP update, internal update, insurance management update for the Corruption and PIV update. A move and seconder for the Audit and Risk Committee recommendations. That's Councillor Wilson. Seconded by Councillor Lorentson, sir. Moved and seconded. All in favour? That's unanimous. General Committee meeting report. Application for a minor change to a town planning consent for indoor entertainment and extension of an indoor entertainment 31 Butler Street, Tewantin. It was referred from the Planning and Environment Committee dated 10 September 2024.

01:30:00 Councillor Phillips, do you have a declaration? Councillor Phillips: I do. Thank you, Mr Mayor. I, Councillor Jessica Phillips, declare I have a declarable conflict of interest in this matter. As my close family friend, Fran Sadliar, is on the building subcommittee and a long-term member of the Tewantin Network Courts. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the position she holds is not a decision maker, nor is she an executive committee member. Neither I nor my family friends stand to gain a personal or material benefit from the decision over and above what any, what other club members would gain. And therefore, I choose to remain in the meeting room. However, I respect the decision of the meeting on whether I remain and participate in the decision. Okay. Councillor Finzel: I'm happy to move. Mayor Wilkie: Which one was moved? Stay or go? Stay. Councillor Finzel: Oh, stay. Yeah. Do you want to read out? Mayor Wilkie: Promotion, please. Councillor Finzel: That the Council make the declarable conflict of interest by Councillor Phillips and determine

01:31:00 that Councillor Phillips participates and votes on this matter. As Council believes that a reasonable person would trust that the final decision is made in the public interest. Mayor Wilkie: Thank you, Councillor Kinsley. I'll second it. Councillor Wilson. Any discussion? All in favour? That's carried. And Councillor Phillips did not vote on the motion. Okay. So we need to pass a motion about that. Speaker 9: I'll move the committee recommendation. Mayor Wilkie: Councillor Stockwell. We have a seconder for the motion. Happy to. Okay. All in favour? That's carried. No 5.5.2. There's application for a minor change to development approvals for a seafood kiosk at 185 Waipare Road, Nusselville, which was referred from the Planning and Environment Committee dated 10 September.

01:32:00 Councillor Lorentson: Yes. I'd like to move a motion, please. Yes. That Council note the report by the senior development planning committee and the Planning and Environment Committee meeting dated 10 September 2024 regarding applications numbers 51981.3345.01 and 51984.3154.01 to make a minor change to development approvals for a takeaway seafood kiosk situated at 185 Waipare Road, Nusselville. And A, defer the decision on the application to allow Council and the applicant to co-fund and brief an agreed Council to consider the separate legal opinions of each party's advisers. And B, that the opinion of Council should be provided to Council at a future meeting for consideration. Mayor Wilkie: I'll second. We have a seconder for that. Councillor Lorentson: I'll second. Mayor Wilkie: Seconded by Councillor Phillips.

01:33:00 Councillor Lorentson: Councillor Loughson. And I'll speak to this. I cannot sit back and do nothing and allow what I believe to be an appropriate food business in an appropriate location to be shut down. There's been too much time and too much money that have been invested in this application by a young local family. Speaker 9: Point of order. She's not talking to the motion. The motion's about getting legal counsel. The motion's about getting legal counsel. And she's talking about an applicant under the Planning Act. You are not allowed to talk about the interests of the applicant. You only can consider the nature of the application. Mayor Wilkie: We did cover these arguments on Monday. Could we talk about the... I am talking. I'm giving some context. ...about the legal... Sure. ...what this will involve. Can you help us understand how this will work? No worries. Councillor Lorentson: The applicant, rightly or wrongly, relied on advice given by council officers over

01:34:00 the pane. My motion in front of us proposes basically a middle ground, a position that saves right pay money, saves the applicant's money and time, and, in my opinion, gives us a fairer process. Given that the applicant's legal advice is completely at odds with the applicant's legal advice, what I'm asking is to defer the decision. I'm not suggesting that we close the application, but rather we pause it. We pause it to allow both parties to co-fund a senior legal counsel to review the conflicting legal opinions. The senior counsel's opinion would then be provided to counsel for consideration before we make a final decision. It feels as though we've run out of time. It feels as though we've rushed judgment without giving the applicant an adequate opportunity

01:35:00 to present either a rebuttal or about seeking legal advice, further legal advice. This does not sit well with me, and what concerns me most in this situation is the precedent we are potentially set in and the dilution of powers within this council. What's the point in bringing an application before us if it's already been decided before we even have a chance to weigh in? We're facing a situation where a decision, in my opinion, is being driven by a legal opinion that is in direct opposition to the applicant's legal opinion. There's no right of reply. There's no opportunity for rebuttal, and there's no review of this conflicting advice. We as councillors were told at the general meeting or recommended not to approve the application that was contrary to councillors' legal advice. But I'm stuck, and this is what I've been sort of thinking about over the last few days.

01:36:00 Where does that leave us as elected representatives, and where does that leave future applicants? Does an applicant, in addition to paying all the necessary fees, consultancy, traffic assessments, engineering reports and design costs, now do they also have to go and seek legal advice and pay for legal advice just to lodge an application? I can't understand how this doesn't work. This aligns with a fair and transparent process we are supposed to uphold. We, as councillors, are here to decide on applications based on merit. If that decision is challenged, then there's an established appeal process. The process, in my opinion, should not be pre-empted by a legal back and forth that excludes the applicant from a fair chance to be heard, and it's for that reason that I've put forward this deferral motion. Because it's fair. It's fairer. Less costly. And because it also acknowledges the human element.

01:37:00 That we're dealing with a local family who wants to set up a small business in our community. Thank you. Mayor Wilkie: Richard MacGillivray, can we get some advice from you, please, about what this actually means? What's your position on it? And also, there was a comment made that the applicant received advice from, you know, a councillor that, of course, they were taking, the client was the correct, but it's, could you shed some light on that, please? Speaker 12: Yeah, through the Chair. So, what's happened in relation to the application, earlier this year, the applicant provided a legal opinion to council regarding their views that the proposal was a minor change. Officers reviewed that detailed legal advice from the applicant. And, you know, I think it's important to note that the proposal was a minor change. So, the applicant was able to review that closely against the provisions under the Planning Act and was comfortable at that stage confirming that the advice was incorrect and inaccurate.

01:38:00 As the report was being prepared, as an abundance of caution, we sought external independent legal advice from a very well-qualified legal firm that provides a lot of guidance and assistance for council over many years to provide some impartial independent information for councillors to consider. Councils have been provided with that independent legal advice and that has confirmed the position of council staff is accurate and that it is not a minor change and cannot be a minor change because it involves a new use. And that's been carefully constructed. And therefore, councillors have very informed information that we should not or could not prove this as a minor change because it hasn't gone through. And that's the reason that we've been able to go through the correct statutory process, which would have been another change or a material change of use.

01:39:00 Mayor Wilkie: Which would have involved public notification. Speaker 12: Which would have involved full public notification. The occasional accessible application. Mayor Wilkie: Could you go on to what's been suggested here? What's your advice on the wisdom or other eyes of council and the applicant co-funding their council? I haven't heard of this before. Speaker 12: No. And in all of my experience, I've never come across a situation where an applicant and the assessment authority jointly fund a legal opinion. And the reason that's not appropriate is that under Planning Act, there's the reviewable decision process. There's an appeal process that exists under the Act, which allows for dispute resolution to be undertaken. So if there is a dispute around legal interpretation, there is a dispute resolution process. There's an appeal process that exists under the Act, which allows for dispute resolution to be undertaken. The planning environment court who deal with these particular matters, the usual first step is a mediation process anyway. So that process exists. My advice would be that this does not follow the correct statutory process and council

01:40:00 would be extending beyond the normal statutory process by seeking to fund a joint opinion and unsure of what the consequences would be through a joint opinion in terms of legal opinion. And also, leaders that lead the applicant and council at that stage as well. Noting that the advice that council seeks is privileged information and advice as well to ensure that council is informed, as does the applicant receive their own opinion and advice on these particular matters. Mayor Wilkie: Questions or comments on the motion, councillors? Councillor Finzel. Councillor Finzel: Yeah, just with regards to your comment about this hasn't been done before, what's the perceived or real risk if council proceeds under this proposal that we co-found and briefly free council to consider the separate legal opinion?

01:41:00 Speaker 12: Through the Chair, I guess that the main issue that exists is we are going outside of the normal statutory process. So we're actually going and I would say overreaching into a process to seek a joint opinion on something around an interpretation and we'll be seeking additional advice beyond our own independent legal opinion. So I guess in my view, we've already sought our own advice for council. Are we seeking that we're not happy with that advice and are seeking additional advice beyond what we've already sought? So I... I guess I'm unclear why we would need to go again to fund the need to get further legal advice on a matter we've already sought advice on. Mayor Wilkie: There'd be more expense to... Speaker 12: So there'd be more expense to council and ratepayers, you know, to get similar advice again, which we have, which is very well considered and accurate and reflects the key principles of the Funding Act.

01:42:00 And particularly around the term of substantially different development, which is the trigger for whether a minor change... ...can occur or whether another change or a new measure of financial use is required. Councillor Phillips: I have a question. Is it possible that this process could, alternatively, if we went to mediation, could this be a more cost-effective measure? Speaker 12: Through the Chair, difficult to assume we'll end up in a yield situation. So, difficult to hypothesise. Certainly, if an appeal was filed on a decision, the parties would fairly rapidly get together and the first step would probably be a court-ordered mediation, whereas the experts sit down and flesh out the technical elements and whether there can be clarified at all, because it's a matter of point of law.

01:43:00 Councillor Phillips: Just one more question. I understand that it hasn't been done here before. Are you aware if it's been done in another council? That could give us some indication of the process? Speaker 12: Through the Chair, in all of my experience at a number of local government authorities, yeah, I haven't come across a situation where both parties have co-funded joint legal advice automatic. Given what usually happens is each party seeks their own independent, privileged legal advice. And if they're unable to resolve those particular disputes, they follow the normal process. So, in this case, there is an appeal process where those things can be fleshed out formally through a proper process. Speaker 8: Councillor Wilson? Councillor Wilson: Could you explain again for us briefly why it's a material change and not a minor change, please?

12 PUBLIC QUESTION TIME ¶

▶ 01:43:50

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12.1 Sue Agnew ¶

▶ 01:43:54

01:44:00 Speaker 12: Through the Chair, it's fairly well detailed in the Office's report. The important piece around a minor change is that it cannot constitute substantially different development. The important piece around a minor change is that it cannot constitute substantially different development. One of the key triggers around substantially different development is it cannot involve a new use. Now, you'll be aware in the report there's a long history of the original approval when it was obtained almost 40 years ago. Now, you'll be aware in the report there's a long history of the original approval when it was obtained almost 40 years ago. So immediately it involves a new use from what is originally approved and therefore cannot be substantially different development, it cannot be a minor change. In addition to that, officers have also identified that there are new and different impacts than originally considered under the original approval. Now those additional impacts need to go through a fresh process, a new material change of use process or another change to be adequately considered and in this case would also involve public notification given the zoning as well.

01:45:00 So the community at large would have a say on this particular proposal if it went through the correct process. Councillor Lorentson: Professor Lawrence, just a couple of questions and I don't have all my notes here. I've got nine minutes for the important ones and I need to see defined, you know, bakery outside the scope of the land use that is consistent with that block. I think it was 1990 when council resolved to register a non-conforming existing use as a caterer shop and my understanding and recollection of the definition of a caterer shop actually encompassed bakery, patisseries. Question please. Okay, 2023, definition at the moment, food and drink actually, again, includes a bakery and a takeaway.

12.2 Paula Braby ¶

▶ 01:45:54

01:46:00 How relevant is this historic change in definition relevant to the application of payments? Speaker 12: Through the chair. So I'll answer your first point around the registration of a non-conforming use. So at the time, it was acknowledged that there was a reference to a caterer shop. It had a broader definition than the original approval, as discussed at the general committee, the registration of a law for non-conforming use doesn't exacerbate or broaden the actual approval, the approved use. That registration of that law for non-conforming use was actually only the approval that it allowed for and the conditions attached to that. So the seafood kiosk that was approved was registered, but that registration does not all of a sudden allow for a greater span of uses, such as bakery, patisserie, caterer shop and so on. It is limited to the approval at the time it was granted back in 1973.

01:47:00 So that has continued through. Just because planning schemes have changed, particularly around definitions, does not automatically guarantee that approval can be widened in terms of scope and acknowledging that the current planning scheme refers to a bakery being a food and drink outlet, that's obviously would be subject to a new application if they were to apply now as a food and drink outlet. And that would be impact assessable under the current planning scheme in the residential zone. So it relates to the time of when the approval is issued is the key consideration. The situation might be different if the use was more broadly defined when it was originally issued and the definitions were more broadly nested, so it included other interchangeable uses, but it didn't, and therefore is limited in terms of the scope of what can be applied for it.

01:48:00 Mayor Wilkie: Richard, your advice is quite definitive to councillors against this course of action, because it says that it suggests it could compromise both parties' legal appeal rights, so could you just explain how important maintaining the integrity of both parties' legal appeal rights is? Speaker 12: Yes, through this year. Yeah. My main concerns, as already highlighted, is there is a clear statutory process for development applications to follow that's very well outlined. It's not uncommon where the parties might have a dispute around a particular decision or a matter of law, and it's appropriate that each party seeks its own independent advice. There is a reviewable process, which is the appeal process that can be followed if there are disputes, and that's well utilised, and there's a mediation process that does occur through that.

12.3 Debra Walz (Felicity Dale on behalf of) ¶

▶ 01:48:49

01:49:00 However, it's improper to step outside of this process and may, as you said, compromise our ability to defend or resolve an appeal of any particular description on the basis that we've sought advice that's co-funded, so yeah, I'm not entirely sure how that would pan out, to be honest, because I've never come across a situation of this nature before. Mayor Wilkie: Thank you. Thank you. Councillor Lorentson: I'll just close by saying that just because it hasn't been done doesn't mean it can't be done. We're dealing with a local family and the issue at hand is a kitchen chip shop that's reconfiguring a kitchen so it can serve cakes and patisseries. Mayor Wilkie: Thank you. Could we consider those in favour of the motion?

01:50:00 Councillor Lorentson and Councillor Phillips. Those against? Councillor Finzel, Councillor Stockwell, Councillor Wilson, Councillor Wilkie. We need a motion please. Speaker 9: I'll move the committee recommendation. Mayor Wilkie: Thank you. We have a second for that please. I see a second. Councillor Finzel. Councillor Stockwell to switch the motion. Speaker 9: Just briefly, some of the key words that the Director mentioned was that we are the assessment authority. And it's something that we as councillors have to come to grips with. When we sit down for development application we need to assess it against the Act requirements and the Scheme requirements. We can't, as has been suggested, take any heed. We can't take any heed of who the applicant is by law. We can't try and play an economic development role and twist or turn the Scheme provisions or the planning Scheme provisions to support something where the benchmarks in the Scheme or the requirements of the Act aren't met.

01:51:00 And in this case we have clear and unequivocal advice that the benchmark for a minor change for this application have not been met. And therefore it's not within the power of council to consider the matter. It's within the merits of the application. Speaker 10: Thank you. Speaker 9: Thank you. Mayor Wilkie: Does anyone wish to speak? Councillor Stockwell, do you wish to close? No, no, sir. We'll put this to the vote. Those in favour? On the motion just moved by Councillor Stockwell and Councillor Finzel. The original motion. Oh, the recommendations. From the committee. Yes. Staff recommendation. So, those in favour of the staff recommendation? Councillor Finzel, Councillor Stockwell, Councillor Wilson, Councillor Wilkie. Those against? Councillor Lorentson, Councillor Phillips.

01:52:00 The motion is carried. We now have the local domestic and family... Thank you, Richard. Thank you. Family Violence Prevention Champions Network. Councillor Wilson has a declaration. Councillor Wilson: Aye, Councillor Wilson. Inform the meeting that I have a declarable conflict of interest in this matter, as I'm a volunteer in the family violence prevention network. I am a volunteer director of Kayak Limited Maroochydore, a charity that supports victims of domestic violence among other services. While Kayak is not the subject of a decision being made today to appoint a counsellor to an observer role in the network, I note that matters discussed in the network's meetings in future may be relevant to Kayak's operations. I share this information for transparency and to support my nomination for the position, having an interest and experience in this area. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because Kayak is not the subject of today's decision and I am able to remain impartial. Therefore, I will choose to remain in the meeting room.

01:53:00 However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Councillor Lorentson: Thank you. Thank you very much. Thank you. I'll move that Councillor Wilson remains in the room. I note the declarable conflict of interest and determine that Councillor Wilson participates and votes on the matter because Council believes that Councillor Wilson will be able to remain impartial and therefore a reasonable person with trust that the final decision is made in the public interest. Mayor Wilkie: Thank you, Councillor Wilson. Seconded by Councillor Finzel. Any discussion? Put it to the vote. Those in favour? That's Councillor Lorentson, Finzel, Phillips, Stockwell and Wilkie. Councillor Wilson not vote on it. So I'll move that Councillor Wilson make a report by Community Development Coordinator of the Services and Organisations Committee meeting and endorse Senosa's Council's weak commitment to the Domestic and Family Violence Prevention Champions Network and appoint Councillor Nicol Wilson and two staff members from Community Development and People

01:54:00 and Culture teams as Senosa Council's representatives to the network. I have a second. Can I please? Councillor Phillips: I'll second. Mayor Wilkie: Councillor Phillips, thank you. Any discussion? Put it to the vote. Those in favour? That's carried unanimously. The next item is the revised Standing Orders and other related policies and procedures. I'd like to move an alternate motion. Councillor Lorentson: Yes. Thank you. I'd like to move an alternate motion that Council note the report by the Chief Executive Officer to the General Committee meeting dated 16 September 2024 regarding the amendment of Lucent Council's Standing Orders and other relevant policies and procedures. And A, adopt the updating Standing Orders for Council meetings policy provided at Attachment 1 and repeal current Standing Orders policy adopted 19 November 2020 with the following amendments to the updated Standing Orders. Section 15, Deputations.

5 MAYORAL MINUTES ¶

▶ 01:54:38

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6 PETITIONS ¶

▶ 01:54:42

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7 NOTIFIED MOTIONS ¶

▶ 01:54:45

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7.1 TRIAL OF REMOTE RESCUE TUBES/LIFE RINGS AT UNPATROLLED BEACHES ¶

▶ 01:54:49· Carried unanimously 6-0 from council's minutes

01:55:00 Reject the proposed amendments and replace with the original wording as follows. 15.1, a deputation to attend an amendment to the updated Standing Orders. The person who is appointed to address an ordinary meeting of Council shall apply in writing to the CEO not less than seven business days before the meeting. 15.2, the CEO on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it is being determined the deputation will be heard at convenient time shall be arranged for that purpose and at an appropriate time period allowed. 15.3, where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting. 15.4, the deputations comprising three or more persons, only three pair persons shall be at liberty to address Council unless the Councils at the meeting determine otherwise

01:56:00 by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation, generally no longer than 15 minutes unless decided otherwise by the meeting. 15.5, the Chairperson may terminate an address by a person in a deputation at any time where A, the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councils at the meeting. B, the time period allowed for a deputation has expired. C, the person uses insulting or offensive language or is derogatory towards Councils or staff members. D, a member of a deputation other than the appointed speakers interjects or attempts to address the Council. E, the person uses words or actions that discriminate or vilify based on a person's race, religion, sexuality or gender identity. Section 18, Notified Motions. Reject the proposed amendments and replace with original wording as follows.

01:57:00 18.1. A Council may bring forward to a meeting a motion on any matter within the jurisdiction or official cognizance of the Council by giving notice in writing in the approved form to the Chief Executive Officer at least seven days before the meeting. 18.2. The Chairperson shall rule out or order a motion which does not comply with Section 18.1 of the Standing Orders. 18.3. Notified motions shall be dated and recorded by the Chief Executive Officer at any time. 18.4. A Council who has given notice of a motion is absent or declines to move the motion. The motion may be a moved by another Council or be deferred to the next meeting. 18.5. Where the notified motion is not moved or deferred it shall not again be reintroduced without a subsequent notice of motion duly given as provided in Section 18.1.

01:58:00 18.6. At the meeting a notified motion requires a seconder in order that it be dealt with. 18.7. Section 14.1 Deputations procedure the Standing Committee meetings. Reject the proposed amendments and replace with the original wording as follows. 41.1. A Deputation wishing to attend and address a Committee meeting shall apply in writing to the CEO not less than seven business days before the meeting. 41.2. The CEO on receiving an application for a Deputation shall notify the Chairperson who shall determine whether the Deputation may be heard. 21.2. The CEO shall inform the Deputation of the determination in writing. Where it has been determined the Deputation will be heard, a convenient time shall be arranged for that purpose and the appropriate time period allowed. 41.3. Where it has been determined that a Deputation be heard, the Deputation and topic of the presentation must be included in the public agenda for the meeting.

01:59:00 41.4. When Deputations comprise in three or more persons, only three persons shall be included at liberty to address the Committee, unless the Councillors at the meeting determine otherwise by resolution. A Deputation shall be given adequate opportunity to explain the purpose of the Deputation, generally no longer than 15 minutes unless decided otherwise by the meeting. 41.4. The Chairperson may terminate the address by a person in a Deputation at any time where the Chairperson is satisfied that the purpose of the Deputation has been sufficiently explained to the Councillors at liberty to address the Committee, unless the Councillors at the meeting determine otherwise. B. The time period allowed for a Deputation has expired. Or C. The person uses insulting or offensive language or is derogatory towards Councillors or staff members. D. A member of the Deputation, other than the appointed speakers, interjects or intends to address the Council. E. The person uses words or action that discriminate or vilify based on a person's race, religion, sexuality or gender identity.

02:00:00 B. Adopt the new petition procedures provided at attachment 2. C. Reject the new Deputation procedure and retain the Deputation procedures in the standing orders for Council meeting policy as provided for in item A. D. Reject the new public question time procedure provided at attachment 4 and retain the current public question time guidelines adopted on 17 October 2019. E. Adopt the Council investigation policy attachment 7 and repeal Council meeting policy on 19 November 2020. Mayor Wilkie: Q. This looks like a wholesale rewriting of the Standing Orders. Was it circulated to Councillors before the meeting? Councillor Lorentson: A. No. I gave it to Cathy. As under our Standing Orders, there is no requirement to circulate an alternative motion.

02:01:00 Q. You're quite right. It's only a courtesy. A. Thank you. If you would like me to explain this simply, I'm happy to do so. Mayor Wilkie: Q. Questions? A. I'll second it. Q. Can you second it? Speaker 4: A. Can I suggest a minor amendment? Mayor Wilkie: Q. No. We need to wait for Councillor Lorentson to speak to it first. Councillor Lorentson: A. I'll speak to it first. Basically what I'm asking is that we keep the existing current original standing orders which align with the state's best practice model and we make only the changes that have been mandated by the state. The reason is simple. The current standing orders and procedures work. They're not broken.

02:02:00 At the general meeting I asked, and I'm still trying to work out what is the problem that we're trying to solve. I have got some data since the last meeting and over the last 12 months it's noted that we've had 17 deputations and over the last 5 years only 7 notified motions. There is no issue here and in my opinion no justified need for drastic changes. The years that this system has allowed councillors and councillors. to raise their concerns and have their say. When we start limiting the public's voice through deputations, or we start restricting the number of notified motions, or we start putting conditions on public question time procedures, we erode the trust and risk in our council. We erode the trust and risk in our council.

10 CONSIDERATION OF COMMITTEE REPORTS ¶

▶ 02:02:23

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10.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 10 SEPTEMBER 2024 ¶

▶ 02:02:29

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10.2 SERVICES & ORGANISATION COMMITTEE REPORT - 10 SEPTEMBER 2024 ¶

▶ 02:02:47

02:03:00 And risk losing the respect of the very people who entrusted us with their leadership. When people feel excluded or believe their concerns are being ignored, confidence in local government erodes. And that's exactly what happened at Monday's general meeting. It left many in our community confused, frustrated, angry and deeply distrustful of our council. We received a wave of submissions from residents, business associations and community groups. All asking the same questions. Why are we making it harder for them to engage with their elected representatives? Why are we reducing their rights to participate in decisions that directly affect them? This alternate motion seeks to restore fairness, equity and the status quo that has served us well.

10.3 AUDIT & RISK COMMITTEE REPORT - 12 SEPTEMBER 2024 ¶

▶ 02:03:10

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10.4 GENERAL COMMITTEE MEETING REPORT - 16 SEPTEMBER 2024 ¶

▶ 02:03:39

02:04:00 By maintaining the status quo and making changes unremandated by the state, we start rebuilding trust back in council and unity within the community. We also have a statutory obligation under Council Code of Conduct, Section 150D 3.3. And I'm going to read this out because it encapsulates the essence of what's at stake today. Section 150D 3.3. Under our council code, we must thrive to maintain and strengthen the public's trust and confidence in the integrity of council and avoid any action which may diminish its standing authority or dignity. If Monday's message and all the information that we received over the last week, if that message that the community are telling us wasn't clear, I'm going to spell it out. Our community will not be silenced.

02:05:00 They want to be consulted, they want to be heard and they want to be respected. And they want their feedback to matter. Whether it's the River Plan, the Foreshore Management Plan or the NISA Plan amendments, the community's message has been consistent. We aren't listening. This, in my opinion, could be the final straw. So today, councillors, we're voting on more than changes to the Standing Orders. We're voting to reinstate the original Standing Orders and do only what's required or mandated by the state. We are voting today to restore trust and integrity in this council and us councillors. I will say it again. When we start chipping away at democratic rights, we risk losing the trust of the very people we were elected to serve. Any amendment after this that undermines public participation is going to distance us from the right to vote. It's going to distance us from the values that we claim to uphold.

02:06:00 I ask councillors to reflect what's truly at stake today. It's not about procedure. It's about fulfilling our duty to the community and ensuring that their voices remain heard. It's about doing our job. So I ask that you support this alternate motion that maintains status quo and only makes for five state mandated changes. Question number two. Mayor Wilkie: Under the current settings, does it limit the number of people to three? Speaker 1: No. Mayor Wilkie: Yes. It does. It does. Three per deputation. It does. Speaker 8: Three per deputation. Mayor Wilkie: The question about upon application is your motion on Monday asks that the applicant must provide counsel with a deputation topic and sufficient background material.

02:07:00 Is that still included in there? I'm sorry. We didn't get to see this. Councillor Lorentson: So I have the original deputation. It's the same process that we've been dealing with. At the moment, there is no requirement for a draft of the script. Anyone wanting to present a deputation does provide just some background. Okay. Mayor Wilkie: So is that in here, Councillor Morrison? Councillor Lorentson: Yes. Restoring it. Restoring it to its original reading. Could you point out where it says that sufficient background material is provided? It's not explicitly in there. It's not explicitly stated. What's stated is deputations who reject the proposed amendments and replace it with the original wording. So the original ... Mayor Wilkie: Can you show us where this new draft requires sufficient background to be provided?

02:08:00 Councillor Lorentson: It doesn't. Okay. So ... Mayor Wilkie: The motion on Monday did, but this one ... This one doesn't. Councillor Lorentson: So I just walked away from Monday basically saying, everyone's confused. Everyone around this table is confused. And I had presented an alternate motion, and I included, I kept some amendments that I thought were reasonable. But after deliberation over the last four days, I've walked back and just gone, why are we doing this? And I could not for the life of me understand why we're doing this. So this goes back to ... No, this goes totally different. So this goes back to our original standing orders, and it's only ... Okay. So this is the new draft, and it's only been updated by the State. All right. Councils? Councillor Wilson: Could I ask a question? Whether you'd be open to an amendment at 41.2, and I think it's earlier on too?

02:09:00 Speaker 8: Sorry. Councillor Wilson: I'm asking ... Sorry. Councilor, I don't know if you'd be open to a minor amendment, which ... Sorry. Can you just call it back up to 41.2? Speaker 9: So point of order. You can't ask another council if you can support an amendment. You can either move one or not. Councillor Wilson: Move one. I'm moving an amendment to 41.2. There's two areas where the same wording is mentioned, and it says an appropriate amount of time. And I'm asking to put in brackets after that, up to 15 minutes, so that there is no confusion on time. We don't want to talk too ... And I think it's ... I think it's ... Speaker 8: It's the last ... Yes, that one. Councillor Wilson: And it goes earlier as well.

02:10:00 I've now forgotten which number it was. Speaker 9: 17, 17. Councillor Wilson: Yeah, 17.2. 17.2. 17.2. Speaker 8: No, there we are. Thank you. Speaker 1: Thank you. Thank you, Mr Chair. 15 minutes has now been voted. 15 minutes? All right. Councillor Wilson: So after a time period allowed, in brackets, up to 15 minutes. Any other questions? Okay.

02:11:00 Mayor Wilkie: We have a seconder for that, please. Councillor Lorentson: Can I just make a minor request before the motion is seconded? Can I request for Nicola, Councillor Wilson, if she would consider instead of up to 15 minutes, e.g. 15 minutes, and that would align with the state best practice? Councillor Wilson: I think no, because I think that giving an example isn't actually clear. I think up to 15 minutes shows that there's a maximum of 15 minutes, but you don't have to use the whole 15 minutes. Mayor Wilkie: Can we have a seconder for that, please? Speaker 9: I'll second for the purpose of debate. Councillor Wilson: I agree that in general I wasn't sure why we were changing the standing orders to start with.

02:12:00 And when we have had sessions about this matter, we go round and round in circles, like is it 5 minutes, is it 15 minutes? I was never against it being 15 minutes, particularly at the end of the day it's not about me, it's not about us. It's about the community wanting to speak. So we've heard loud and clear that 15 minutes is preferred. We also know that not everyone needs to speak to 15 minutes. So I think up to helps to address that. And I think where we give just examples or appropriate time periods, it's just not clear enough. And so what we just want is a number of minutes and that stick to it. Mayor Wilkie: Thank you, Councillor Wilson. Look, I'll support that. I mean, the whole, one of the reasons why this was being done, apart from updating the standing orders with the mandated changes, was to help clarify the guidelines, areas where there is misunderstanding. So this helps to do it. The example of 15 minutes doesn't really, that's the state saying you can allocate any time you like, where this is more definite.

02:13:00 And as we heard today, there were some very good deputations could be heard in that time. I think clarity of time is the important thing. I think I was supposed to speak to the amendment. Do you wish to close? No. Put it to the vote. Those in favour? That's unanimous. I'd like to try an amendment also. Sorry, what was it? Yeah. Speaker 8: It's a mean point. It's a mean point. It's a mean point. Councillor Lorentson: If you're going back to the original standing orders. Yeah. Speaker 8: It's actually 17. Councillor Lorentson: That's correct. No, these all. Sorry, apologies. No, it's just a time by sign. Yes. It's a time by sign. It's good. Correct. Speaker 9: Sorry. 17. Mayor Wilkie: 17. Speaker 9: I even know chapter and verse. Mayor Wilkie: Okay.

02:14:00 Councillor Phillips: I have a question. Yes, Jessica. Just maybe to Councillor Lorentson. Just in relation to the amendment that you've put forward, does it include the question time changes to nine? Councillor Lorentson: Yes, it does. So public question time procedures, the original staff recommendation of the nine was that the applicant will be a proxy. Non-staff member must be present at all times. So the question should be heard and shall follow the direction of the chairperson, which means that if someone submitting a question was not present and didn't have someone to present on their behalf, normal standing orders allowed for staff members to read the question out. The original staff revised amendments took that ability away, so the alternate motion

02:15:00 goes back to the original wording, which allows staff members to read the question on behalf of a resident or applicant if neither the applicant nor the proxy is present. Speaker 8: Thank you. Councillor Finzel: With the original, I don't know the number that it was, it said not to be a staff member or the CEO. From my understanding when I read that, it could be interpreted that an actual applicant or a councilor could actually read it out. Is that correct? Well, I don't have it in front of me. From memory, reading that. Where is it? Speaker 8: We're going to be original standing orders now? Councillor Finzel: These are our current standing orders. Speaker 3: Where? Yeah. Tewantin. Sorry.

02:16:00 Public question time. Number nine. So we have . Number nine. Number nine. Mayor Wilkie: . Councillor Finzel: I'm after the bit where it actually says that it can, the recommendation was from the staff that we were not, that it was changed to the CEO would not speak and the staff member could not speak and the presenter or the person putting up the question had to be in speak. Has it changed? Yes. Where's that place for the . Sorry. Speaker 8: Yeah, we're going back. Okay. We're going back to the original, the existing standing orders. And it goes back to number 19, which means that the speaker or the question, the person asking the question does not have to be present. We can do it at the start.

02:17:00 Then we can ask the question and answer the question. But then there was no discussion. No poll. Councillor Finzel: Oh, so we're going, sorry, the chair. So we're going back to the original standing orders. That's it. Speaker 8: That's it. Oh, sorry. Councillor Finzel: Given we didn't have time to read this, I still apologize. Yes, that's it. That's challenging for us. Thank you. Mayor Wilkie: I'd like to move an amendment to 17.3 that it reads, where it has been determined that a deputation be heard, a draft script will be provided. Okay. And the deputation and topic of the presentation must be included in the public agenda of the meeting.

02:18:00 Thank you for that. I'll be the second to the point of debate. Chair. Thank you. Look, one of the, sorry. One of the purposes of revising this was to make this more meaningful, a more meaningful public engagement process. And so one of the strongest bits of feedback we've received in recent times in response to deputations is that, and this happened at the Pomona ordinary meeting, is that,

02:19:00 the community were really pleased to hear council responses to questions provided ahead of time. And that helped them have a meaningful understanding of the topics that have been raised. When we had the deputation at the Pomona ordinary meeting, no fewer than six people came up to me afterwards and said, why can't council provide a response to the issues raised in the deputation? What are the answers to the questions? What's council's response to the request? And I thought that was a really good idea. And I said I would consider that when we were revising the standing orders. We heard some excellent deputations today. And for the benefit of everyone in the gallery and everyone listening, it would be far better for having informed public discourse if there was a response provided to the questions raised

02:20:00 and the requests made. In the deputation. It just makes for a more meaningful public engagement process. At the moment, they're listening very well. But there are some questions and requests that the community would like answers to immediately. So if you provide a draft script, that will allow staff to make a response. And I acknowledge that we also, if you want to go in as part of the process, that will do that. We also have to amend it to allow there to be a response provided to deputations. That's the purpose of having the draft script. Just like questions are provided in advance, so accurate and factual and meaningful answers can be provided back to the community in real time. Same principle of time for deputations. To make it a more meaningful two-way public engagement process.

02:21:00 That's the purpose of having the draft script. Councillor Phillips: Quick one, please. Just a question then. Yeah. Would, it doesn't clarify that in this amendment though that we would then provide a response? Mayor Wilkie: No. This is a test. So if you want to go to that part, we'll also have to put another amendment in that council are able to provide a response to deputations in the meeting. Two steps. Yeah. It'll be a two-step process. Okay. Thank you. I'm open to trialling that in response to deputations. Councillor Lorentson: Councillor Lyce? I'll speak against the amendment. Firstly, it's too onerous. It will limit people's ability to participate because not everyone can write a script. Also, the purpose of a deputation is that it needs to be an accessible platform. Again, this will be a test. It will limit people's willingness to want to participate if they have to, again, prepare

02:22:00 a script. Councillor Wilkie, you mentioned meaningful engagement. I believe it's more meaningful in questions that are asked of councillors and the mayor or staff that haven't been prepared. So I'm going to invite you to answer this. Councillor Wilson? Councillor Wilson: I will speak against it as well. I believe it's more meaningful if it's not prepared. I believe at the point of asking whether a deputation may be heard, at the time of making the application to be heard, you may not have already written the script by then because then if you're going to get told, no, it's not going to be heard, you would have wasted your time writing a script and it would actually look like we're then looking at the content of the script and deciding on that basis whether the deputation should be heard. So it would look like a gagging procedure, potentially.

02:23:00 However, I would be open to an overview and at the applicant's request of whether they actually want a response at the meeting. Mayor Wilkie: So just a question. Councillor Wilson was saying rather than a draft script, an overview on background material would be provided? Director Rawlings: Yes. Mayor Wilkie: Instead of a draft script? Yes. Instead of a draft script? Instead of a draft script? Yes. Yes. Yes. Councillor Stockwell. Speaker 9: Excuse me, Mr Chair, I do have to leave the meeting. I will join by teams. Yes. And we'll vote on the matter that way. Mayor Wilkie: Thank you, Councillor Stockwell. We need to . Speaker 8: We have to . Speaker 9: All of you agree to join us? Mayor Wilkie: Yes. All of you do want to? Speaker 8: He's on. Mayor Wilkie: Are you on? Yes. Well, can we sustain? Speaker 8: No, no, you can just move it. I'll just get it up for you. All right.

02:24:00 Okay. Mayor Wilkie: We'll have a motion that Councillor Stockwell will be allowed to attend the meeting. Seconded by Microsoft Teams. Councillor Woodson. Seconded by Councillor Finzel. All in favour? That's carried. We now go back to the amendment about the draft script. Councillor Phillips. Councillor Phillips: I just want to speak against it, Mr Mayor, based on probably the deputation that we saw this morning and how meaningful that was to hear from them, and I don't believe just some of the general public would appreciate having to provide a draft script when they can speak from the heart like we saw today. I thought that was much more meaningful. Sure. Thank you.

02:25:00 Mayor Wilkie: Councillor Stockwell, do you wish to speak to the amendment? No. Mayor Wilkie: Okay. Okay. Councillors, I accept that. Bear in mind, the idea of having a response, a meaningful response, in this forum at ordinary means came from the community. So this is something that we need to do. This is responding to their requests very loud and clear at the Pomona ordinary meeting. Shall we have some other way of allowing some meaningful feedback to be given in response to deputations? I'm entirely open to it. But I accept what you've said about how the script might be a bit onerous. Although there were two or three people at least today that spoke directly from the scripts that were really well written. But I accept what you've said. Thank you. So I'll put the amendment to the vote. Those in favour. Those against. Is this against the script?

02:26:00 It's lost. Lost unanimously. Yes. Lost unanimously. So if anyone's... Well, could we try something else? 17 point... Another amendment to 17.3, where it's been determined that a deputation be heard. An outline. A statement. A statement of the issue and background material be provided and the rest as read. Do we have a seconder for that to test this one? Councillor Phillips: I'll second it for the purpose of the debate. Mayor Wilkie: Thank you, Councillor Phillips. Yeah. Councillor Phillips: Your counsellors have spoken. This is... Cathy, Jessica, Nicola. Sorry. Sorry. That's okay. Yeah, I know. Mayor Wilkie: So, counsellors, I won't repeat what I said before.

02:27:00 What's driving this request for more meaningful feedback. And if you're wanting to go towards a situation where deputations are heard and then the main issues in them are responded to, this is the first step. Then we would say that... I'll put in another clause that deputations can be responded to by a counsellor. Speaker 8: Thank you. Mayor Wilkie: Just a question. Councillor... Councillor Finzel: Councillor Finzel. Yeah. Can you just please clarify a response back to the deputation? Like, where are you heading? Do you want staff to give a response back to the deputation when it's delivered? Mayor Wilkie: Yeah. So, just as in question time. As we heard, it's a similar principle that applies to question time. So, the community submit questions ahead of time. And then staff are able to research and give a meaningful answer back immediately during the ordinary meeting or the general meeting.

02:28:00 Same principle could apply in response to deputations. And this is what the community... What many... At least six community members requested of me, and probably they might have said the same thing to you at the moment of the general meeting. And this is what the community... So, this is... It's a point of order. You're not addressing the amendment in front of us. Oh. Well, in answer to the question is, when will it be provided? Will it be provided in real time after the ordinary meeting by the council staff? Or, as in the question that was directed to me today, by the relevant counsellor? It depends on the nature of the deputation. So, that's... Any other questions? No. Councillor Lorentson: I'm going to... I'm going to vote against the motion. We're managing a problem that doesn't exist.

02:29:00 Councillor Wilson: I would suggest taking out our background material, because I think that's vague and unclear. Okay. Mayor Wilkie: Fine. Okay. We can do that as an amendment to that. Okay. Thank you. Thank you. Mayor Wilkie: Thank you. Any other counsellors wish to speak to the motion? Councillor Finzel: Yeah, look, I do. Look, I think... I won't support this today. In principle, I like where we're heading, because I think that we... Information, you know, is a two-way street. It's communication in and out, and we want a nice flow where everyone has equal say. I'm against this, because I feel like we're making these decisions on the hop, and we're trying to word them on a matter that, you know, has great scrutiny right now from the community. I feel that, like, the process that we're going through today is not serving our community in the best amount that we can, when we're talking about how we're doing this around the table. So, given that, because I don't think this has been properly worded, to give really clear,

02:30:00 concise information back to our community. So, given those reasons, that... I just don't think this is the way to be addressing this. As everyone knows, I raised a procedural motion in the last meeting, which was unsupported, which is... I accept that. It's a democratic process. But, you know, the reason I requested that is because I don't believe that we should be doing these matters at a meeting like this, given also that, Councillor Lorentson, we did not have the courtesy to see what was before us today. Point of order. No, it's all right. Well, that's my own opinion. My apologies. No, it's all right. Mayor Wilkie: Councillor Lorentson. Councillor Finzel: If that's out of order, I do apologise through the Chair, to the table, and to the community. My apologies. So, that's why I won't be supporting this, because I think it's down to the reasons that I've stated. Mayor Wilkie: It's talking about point of order. Councillor Lorentson is quite correct. It's not mandatory that we circulate these things. It is under your courtesy, so you're technically correct.

02:31:00 All right. Councillor Finzel: Through the Chair. Thank you. Mayor Wilkie: I accept that. Yes. So, Councillor Finzel, a question to you. Is your reluctance to consent to this particular amendment linked in any way to your feeling about the whole side of changes that have been presented that have not been circulated prior to the amendment, and that we're presented with, and have to work out today? Councillor Finzel: In my opinion, I just think that we're not serving our community with best practice and governance with how we're presenting this today. That is my own opinion, and that's how I feel about that. Mayor Wilkie: Any other councillors wish to speak to the amendment? Councillor Phillips: I'll keep it very short, and I will agree with Councillor Finzel, just on the constant amendments, and how I don't feel like we're serving the community in the best way, either. Mayor Wilkie: All right. Well, then I'll move to procedural motion. That this matter be deferred to the next meeting round.

02:32:00 So, councillors can get across what's been proposed. We had many months, well, we had several months and workshops about the proposed changes. This is taking us back in another direction. So, I accept what Councillor Finzel and Councillor Phillips have said about that. So, I'll move to procedural motion. So, I respect that. And I think on this, we need to get this right. I agree. So, I respect your positions on that, and have you deferred to October meeting round. Councillor Finzel: Thank you, Mr Chair, for taking that on board. I will support the motion. Okay. Mayor Wilkie: There's no need for a seconder for that. Yes, there is. Yes, there is. I'm sorry. We haven't got a seconder. All right. So. Councillor Finzel: Yes, I'm happy to second that. Mayor Wilkie: Councillor Finzel. All in favour?

02:33:00 Yes. Yeah. Councillor Finzel, Wilson, Wilkie, and Stockwell. Those against are thrown to the October meeting round. Lawrence and Phillips. And that's carried. Right. Next, we have a confidential item, not the public release. So, can I have a movement of seconder for the general committee recommendations? Oh, no. Speaker 8: That's just the recommendation. Mayor Wilkie: That's just the recommendation. A movement of seconder for the general committee recommendations to be adopted, except we're dealt with separately. Do we have a movement? Yes. Thank you. Thank you, councillor. Morrison, seconder? I'm happy to second. Councillor Finzel. All in favour? That's carried. Yes. Okay. There are no confidential items.

02:34:00 Thank you very much. That brings us to the agenda. Extraordinary meeting will be at 5pm on Thursday, September 8th of October. Council chambers in Tewantin. Cleared to be closed at 1.08. Thank you.

11 CONFIDENTIAL SESSION ¶

▶ 03:08:04

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.

14 MEETING CLOSURE ¶

▶ 05:18:05

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.