Minutes of Ordinary Meeting - Thursday, 30 May 2024

Ordinary Meeting Minutes 30 May 2024

1 Declaration of Opening

The Chair declared the meeting open at 9:00am.

2 WELCOME AND Opening

Councillor M Suarez acknowledged the Traditional Custodians of the land on which the meeting took place.

Councillor C Dickson read a prayer.

3 Record of Attendance and Leave of Absence

COUNCILLORS

Councillor R Natoli Mayor (Chair)

Councillor J Broderick Division 1

Councillor T Landsberg Division 2

Councillor T Burns Division 3

Councillor J Natoli Division 4

Councillor W Johnston OAM Division 5

Councillor C Dickson Division 6 (Absent 8.11 – 13)

Councillor E Hungerford Division 7

Councillor T Bunnag Division 8

Councillor M Suarez Division 9 (Deputy Mayor)

Councillor D Law Division 10

COUNCIL OFFICERS

Chief Executive Officer

Group Executive Built Infrastructure

Group Executive Business Performance

Group Executive Civic Governance

Group Executive Customer and Planning Services

Group Executive Economic and Community Development

Group Executive Liveability and Natural Assets

Manager Governance and Executive Services

Manager Project Delivery

Chief Financial Officer

Manager Customer Response

Manager Development Services

Manager Leasing and Land Management

Property Development Officer

Coordinator Biodiversity & Waterways

4 Receipt and Confirmation Of Minutes

Council Resolution

Moved: Councillor J Natoli

Seconded: Councillor W Johnston

That the Minutes of the Ordinary Meeting held on 24 April 2024 be received and confirmed.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

5 Mayoral Minute

5.1 Mayoral Minute

File No: Council Meetings

Author: Mayor Rosanna Natoli

Council Resolution (OM24/23)

Moved: Councillor R Natoli

Seconded: Councillor M Suarez

That Council:

(a) acknowledge the resignation of Chief Executive Officer, Emma Thomas with her last day being 14 June 2024, and thank Emma for her contribution and service on behalf of the Sunshine Coast Councillors, employees and the Sunshine Coast community;

(b) in accordance with section 195 (a) of the Local Government Act 2009, appoint Ms Debra Robinson to act as Chief Executive Officer of the Sunshine Coast Regional Council during the vacancy in that position commencing on 15 June 2024;

(c) note that Ms Robinson has informed Councillors that she does not intend to be a candidate for the position of Chief Executive Officer when the recruitment and selection process commences to fill the vacancy in that role; and

(d) agree that Ms Robinson’s appointment to act as Chief Executive Officer will continue until such time as the recruitment and selection process for the position has concluded, an appointment is made to the position by Council under section 194 (1) of the Local Government Act 2009 and that person commences their term of appointment.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

8 Reports Direct to Council

8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place and Southern Seawall

File No: Council Meetings

Author: Manager Project Delivery

Liveability & Natural Assets Group

Attachments: Att 1 - Structural Engineering Inspection and Assessment Loo With A View Structure

Att 2 - Structural Assessment Loo With A View Mooloolaba Beach

Att 3 - Mooloolaba Business Activation Group Terms of Reference

Att 4 - Mooloolaba Stakeholder Interest Group Terms of Reference

Att 5 - Mooloolaba Foreshore Stage Two Plan

Att 6 - Mooloolaba Foreshore Stage Two Community Engagement Report

Att 7 - Coastal Hazard Adaptation Strategy Parts A & B Mooloolaba section

Notification of Interest

In accordance with s150EL(3)(b)(i) of the Local Government Act 2009 Councillor R Natoli gave notice of a Prescribed Conflict of Interest in relation to:

I, Mayor Rosanna Natoli, notify that I have a Prescribed Conflict of Interest in Agenda Item 8.1 - Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place and Southern Seawall to be considered at the Ordinary Meeting on 30 May 2024 due to the fact that on 3 February 2024, I received an electoral gift of a voucher for five nights’ accommodation valued at $2,200.00 from Scott Bowering, Resort Manager of the Peninsular Beachfront Resort located at 13 Mooloolaba Esplanade, Mooloolaba.

The Peninsular Beachfront Resort will potentially benefit from, and/or be impacted by, the works proposed to the Central Meeting Place and the Southern Seawall.

On this basis, in accordance with section 150EK of the Local Government Act 2009, I will exclude myself from any meeting while this matter is being discussed and the vote is taken.

In accordance with s150EK(1) of the Local Government Act 2009, Councillor R Natoli left the place at which the meeting was being held, including the area set aside for the public and stayed away while the matter was considered and voted on.

The Mayor vacated the Chair.

The Deputy Mayor took the Chair.

Notification of Interest

In accordance with s150EL(3)(b)(i) of the Local Government Act 2009 Councillor J Natoli gave notice of a Prescribed Conflict of Interest in relation to:

I, Councillor Joe Natoli, notify that I have a Prescribed Conflict of Interest in Agenda Item 8.1 - Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place and Southern Seawall to be considered at the Ordinary Meeting on 30 May 2024 due to the fact that on 3 February 2024, my wife, Mayor Rosanna Natoli, received an electoral gift of a voucher for five nights’ accommodation valued at $2,200.00 from Scott Bowering, General Manager of the Peninsular Beachfront Resort located at 13 Mooloolaba Esplanade, Mooloolaba.

The Peninsular Beachfront Resort will potentially benefit from, and/or be impacted by, the works proposed to the Central Meeting Place and the Southern Seawall.

As I am a close associate of Mayor Natoli as defined under section 150EJ (1) of the Local Government Act 2009, the electoral gift which she received also gives rise to a Prescribed Conflict of Interest for myself.

On this basis, in accordance with section 150EK of the Local Government Act 2009, I will exclude myself from any meeting while this matter is being discussed and the vote is taken.

In accordance with s150EK(1) of the Local Government Act 2009, Councillor J Natoli left the place at which the meeting was being held, including the area set aside for the public and stayed away while the matter was considered and voted on.

Council Resolution (OM24/24)

Moved: Councillor T Burns

Seconded: Councillor E Hungerford

That Council:

(a) receive and note the report titled “Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place and Southern Seawall”

(b) approve the completed Stage Two Central Meeting Place and Southern Seawall design

(c) approve the finalisation of the Draft Mooloolaba Business Activation Plan

(d) authorise the Chief Executive Officer to continue application processes with State and Federal funding partners of the SEQ City Deal – SEQ Liveability fund to focus a contribution toward the Mooloolaba Foreshore - Stage Two, and

(e) refer the project to the 2024/25 financial year 10-year capital works budget development process for consideration, supporting construction commencement in 2025.

For: Councillor J Broderick, Councillor T Burns, Councillor W Johnston, Councillor E Hungerford, Councillor M Suarez and Councillor D Law.

Against: Councillor T Landsberg, Councillor C Dickson and Councillor T Bunnag.

Carried.

Councillor C Dickson foreshadowed an alternate motion should the motion be lost.

Council Resolution

Moved: Councillor C Dickson

Seconded: Councillor W Johnston

That Council grant Councillor T Bunnag an extension of time for five minutes to speak further to the motion.

Carried unanimously.

Council Resolution

Moved: Councillor W Johnston

Seconded: Councillor T Burns

That Council grant Councillor D Law an extension of time for five minutes to speak further to the motion.

Carried unanimously.

Councillor R Natoli and Councillor J Natoli were absent for the discussion and vote on this item.

The Mayor returned to the Chair.

Ordinary Meeting Minutes 30 May 2024

8.2 Council Portfolio System 2024

File No: Council Meetings

Author: Group Executive Civic Governance

Civic Governance

Appendices: App a - Portfolio System and Protocols

App b - Council Portfolio Responsibilities

Council Resolution (OM24/25)

Moved: Councillor M Suarez

Seconded: Councillor C Dickson

That Council:

(a) receive and note the report titled “Council Portfolio System 2024”

(b) approve the following allocation of Sunshine Coast Regional Council portfolios to Councillors –

· Region Shaping Projects, Regional Advocacy and Intergovernmental Relations – Councillor Rosanna Natoli

· Strong Community – Councillor David Law and Councillor Taylor Bunnag

· Environment and Liveability – Councillor Maria Suarez and Councillor Tim Burns

· Resilient Economy – Councillor Terry Landsberg and Councillor Joe Natoli

· Service Excellence – Councillor Winston Johnston and Councillor Christian Dickson

· Outstanding Organisation – Councillor Ted Hungerford and Councillor Jenny Broderick

(c) approve the Sunshine Coast Regional Council 2024 Portfolio System and Protocols (Appendix A) to replace the Sunshine Coast Regional Council 2020 Councillor Portfolio System and Protocols

(d) approve the Sunshine Coast Regional Council 2024 Portfolio Responsibilities (Appendix B) to replace the 2020-24 Councillor Portfolios – Strategic Alignment Model and

(e) under section 210 (1) (b) (i) of the Local Government Regulation 2012 approve the appointment of Councillor Ted Hungerford and Councillor Jenny Broderick as members of the Sunshine Coast Regional Council Audit Committee.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

8.3 Quarterly Progress Report - Quarter 3, 2023/24

File No: Council Meetings

Author: Manager, Strategy and Policy

Civic Governance

Appendices: App a - Chief Executive Officer’s Quarterly Highlights Report Quarter 3, 2023/24

App b - Operational Plan Activities Report Quarter 3, 2023/24

Council Resolution (OM24/26)

Moved: Councillor W Johnston

Seconded: Councillor T Bunnag

That Council:

(a) receive and note the report titled “Quarterly Progress Report - Quarter 3, 2023/24”

(b) receive and note the Chief Executive Officer’s Quarterly Highlights Report – Quarter 3, 2023/24 (Appendix A) and

(c) receive and note the Operational Plan Activities Report – Quarter 3, 2023/24 (Appendix B) reporting on implementation of the Corporate and Operational Plans.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

8.6 Sale of Land for Arrears of Rates

File No: Council Meetings

Author: Chief Financial Officer

Business Performance Group

Attachments: Att 1 - 2024 Sale of Land List - Confidential

Council Resolution (OM24/29)

Moved: Councillor J Natoli

Seconded: Councillor E Hungerford

That Council:

(a) receive and note the report titled "Sale of Land for Arrears of Rates";

(b) pursuant to Section 140(2) of the Local Government Regulation 2012 sell the land where some or all of the rates or charges for the land have been overdue for at least three years as at 31 December 2023 in accordance with Chapter 4, Part 12, Division 3 of the Local Government Regulation 2012 to recover outstanding rates and charges, and

(c) delegate to the Chief Executive Officer the power to take all further steps under Chapter 4, Part 12, Division 3 of the Local Government Regulation 2012 to effect the sale of the land procedures, including for the avoidance of doubt the power to end the sale procedures.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

8.10 Register of General Cost-Recovery Fees and Commercial Charges 2024/25

File No: Council Meetings

Author: Acting Coordinator Financial Services

Business Performance Group

Appendices: App a - Register of General Cost - Recovery Fees and Commercial Charges 2024/25

Attachments: Att 1 - General Cost-Recovery Fees and Commercial Charges 2024/25 Notes

Council Resolution (OM24/33)

Moved: Councillor E Hungerford

Seconded: Councillor T Bunnag

That Council:

(a) receive and note the report titled “Register of General Cost-Recovery Fees and Commercial Charges 2024/25”

(b) adopt the fees detailed in the Register of General Cost-Recovery Fees and Commercial Charges 2024/25 (Appendix A)

(c) resolve that, in relation to those cost-recovery fees to which Section 97 of the Local Government Act 2009 apply:

(i) the applicant is the person liable to pay these fees

(ii) the fee must be paid at or before the time the application is lodged, and

(d) delegate to the Chief Executive Officer the power

(i) to amend commercial charges to which Section 262(3)(c) of the Local Government Act 2009 apply and

(ii) to determine a reasonable fee based on cost recovery principles when a price on application is requested.

Carried unanimously.

Ordinary Meeting Minutes 30 May 2024

8.11 Development Services Register of Cost-recovery Fees and Commercial Charges 2024/25

File No: Council Meetings

Author: Manager Development Services

Customer & Planning Services Group

Appendices: App a - Development Services Register of Cost-recovery Fees and Commercial Charges 2024/25

Attachments: Att 1 - Development Services Comparison of 2023/24 Fees and Charges to 2024/25

Att 2 - Urban Development Institute of Australia (UDIA) Queensland Research Foundation Fees and Charges 2023 Update

Council Resolution (OM24/34)

Moved: Councillor E Hungerford

Seconded: Councillor J Natoli

That Council:

(a) receive and note the report titled “Development Services Register of Cost-recovery Fees and Commercial Charges 2024/25”

(b) adopt the fees detailed in the Development Services Register of Cost-recovery Fees and Commercial Charges for Sunshine Coast Council 2024/25 in Appendix A

(c) resolve that, in relation to those cost recovery fees to which Section 97 of the Local Government Act 2009 apply:

(i) the applicant is the person liable to pay these fees and

(ii) the fee must be paid at or before the time the application is lodged and

(d) delegate to the Chief Executive Officer the power:

(i) to amend commercial charges to which section 262(3) (c) of the Local Government Act 2009 apply and

(ii) to determine a reasonable fee based on cost recovery principles when a price on application is requested.

Carried unanimously.

Councillor C Dickson was absent for the discussion and vote on this item.

Ordinary Meeting Minutes 30 May 2024

8.12 Disposal (Lease) of Commercial Tenancy at Maroochydore Park'n'Go at 4 Lightning Lane, Maroochydore

File No: Council Meetings

Author: Manager Leasing and Land Management

Business Performance Group

Attachments: Att 1 - Aerial Plan

Att 2 - Tenancy 2 - Lease Area Plan

Council Resolution (OM24/35)

Moved: Councillor J Natoli

Seconded: Councillor T Burns

That Council:

(a) receive and note the report titled “Disposal (Lease) of Commercial Tenancy at Maroochydore Park'n'Go at 4 Lightning Lane, Maroochydore” and

(b) resolve that, under section 236 (1) (a) of the Local Government Regulation 2012, Council may dispose of a valuable non-current asset other than by tender or auction, this being the disposal by way of the lease of an interest in Tenancy 2 at Maroochydore Park’n’Go at 4 Lightning Lane, Maroochydore (legally described as Lot 110 on SP305312), on the basis that:

(i) the lease has previously been offered to the market by public tender, and

(ii) a lease has not been entered into or secured via public tender as no tender was received.

Carried unanimously.

Councillor C Dickson was absent for the discussion and vote on this item.

Ordinary Meeting Minutes 30 May 2024

8.13 Disposal (Leases) over various Telecommunication Sites located at 30-32 Whitecross Road, Bli Bli and 5 Palm Street, Maleny

File No: Council Meetings

Author: Senior Property Officer

Business Performance Group

Attachments: Att 1 - Telecommunication Lease Area Plans

Council Resolution (OM24/36)

Moved: Councillor M Suarez

Seconded: Councillor W Johnston

That Council:

(a) receive and note the report titled “Disposal (Leases) over various Telecommunication Sites located at 30-32 Whitecross Road, Bli Bli and 5 Palm Street, Maleny” and

(b) resolve in accordance with section 236(2) of the Local Government Regulation 2012, that an exception to dispose of an interest in land (lease) other than by tender or auction applies, as the disposal is pursuant to section 236(1)(c)(vi) related to a telecommunications tower over:-

(i) Part of Lot 1 on RP92714 to Indara Infrastructure Pty Ltd (Lease A and Lease V)

(ii) Part of Lot 1 on RP92714 to Telstra Corporation Ltd (Lease C), and

(iii) Part of Lot 1 RP78427 to Indara Infrastructure Pty Ltd.

Carried unanimously.

Councillor C Dickson was absent for the discussion and vote on this item.

Ordinary Meeting Minutes 30 May 2024

8.14 Disposal (Lease) to Dynamic Hydro Excavations Pty Ltd over portion of 4 Bearing Avenue, Warana

File No: Council Meetings

Author: Manager Leasing and Land Management

Business Performance Group

Attachments: Att 1 - Locality Plan

Att 2 - Lease Area Plan

Att 3 - Proposed Terms of New Lease - Confidential

Council Resolution (OM24/37)

Moved: Councillor J Natoli

Seconded: Councillor T Bunnag

That Council:

(a) receive and note the report titled “Disposal (Lease) to Dynamic Hydro Excavations Pty Ltd over portion of 4 Bearing Avenue, Warana”

(b) resolve that in accordance with Section 236(2) of the Local Government Regulation 2012, that an exception to dispose of an interest in land (lease) other than by tender or action applies as per section 236(1)(c)(iii) as Dynamic Hydro Excavations Pty Ltd is the existing tenant of the land at 4 Bearing Avenue, Warana and

(c) authorise the Chief Executive Officer to publicly release details relating to Trustee Lease once the negotiations have been finalised and registered with the Titles Registry.

Carried unanimously.

Councillor C Dickson was absent for the discussion and vote on this item.

Ordinary Meeting Minutes 30 May 2024

11 Confidential Session

Closure Of the Meeting to the Public

Council Resolution

Moved: Councillor W Johnston

Seconded: Councillor E Hungerford

That the meeting be closed to the public pursuant to s254J(3)(g) of the Local Government Regulation 2012 to consider the following items:

11.1 Confidential - Not for Public Release - Strategic Land Acquisition - Ilkley

Carried unanimously.

Councillor C Dickson was absent for this motion.

RE-OPENING OF THE MEETING TO THE PUBLIC

Council Resolution

Moved: Councillor J Natoli

Seconded: Councillor T Landsberg

That the meeting be re-opened to the public.

Carried unanimously.

Councillor C Dickson was absent for this motion.

Ordinary Meeting Minutes 30 May 2024

11.1 Confidential - not for public release - Strategic Land Acquisition - Ilkley

File No: Council Meetings

Authors: Coordinator Biodiversity & Waterways

Liveability & Natural Assets Group

Head of Strategic Property

Business Performance Group

In preparing this report, the Chief Executive Officer recommends it be considered confidential in accordance with Section 254J (3) (g) of the Local Government Regulation 2012 as it contains information relating to negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government.

The report is confidential in respect to the content and timeframes of negotiations with the landowners and recognising that, until Council makes a decision and the sale contracts are executed, the acquisition has no certainty.

Public disclosure at this time would potentially impact adversely on the finalisation of a current negotiation process and Council’s ability to secure the land parcels at a price that represents the best value for the ratepayers of the region.

The report contains a recommendation to release details relating to the site location and price of the acquisitions once negotiations have been finalised and the transfer of the property title has been registered with the Titles Registry.

Council Resolution (OM24/41)

Moved: Councillor M Suarez

Seconded: Councillor T Bunnag

That Council:

(a) delegate authority to the Chief Executive Officer to enter into negotiations, execute all documentation and finalise the acquisition of the identified strategic property in Ilkley and

(b) authorise the Chief Executive Officer to publicly release details relating to the site location and contract price for the identified strategic property once the negotiations have been finalised and the transfer of ownership of land has been registered with the Titles Registry.

Carried unanimously.

Councillor C Dickson was absent for the discussion and vote on this Item.

Ordinary Meeting Minutes 30 May 2024

12 Next Meeting

The next Ordinary Meeting will be held on 20 June 2024 in the Sunshine Coast City Hall Chamber, 54 First Avenue, Maroochydore

13 Meeting Closure

The meeting closed at 3:19pm.

Confirmed 20 June 2024.

____________________
CHAIR