Special Meeting - 3 August 2023
Date: Thursday, 3 August 2023 at 1:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:01:51
Synopsis: Contracts: Awarded Black Mountain remediation, CEO allowed 11.5% variations, Lease: Approved 5-yr admin lease w/ two 3-yr options, Buyback: Resilient Homes Fund property, Transparency: Public excluded.
Meeting Attendees
Councillors
Clare Stewart Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director - Strategy And Environment And Sustainable Development Kim Rawlings Director Infrastructure Services Shaun Walsh Apologies (Did Not Attend)
AI-Generated Meeting Insight
Key Decisions & Discussions Clare Stewart: Council approved remote attendance for Brian Stockwell and Joe Jurisevic under s 254K Local Government Regulation 2012; resolution carried unanimously. (00:01; Attendance & Apologies) Clare Stewart: Moved to close the meeting to the public to discuss three contract-related confidential items under s 254J(3)(g),(h); carried unanimously. (00:01; Confidential Reports – Closure) Brian Stockwell: Left the meeting at 1:50 pm (via Teams) and did not vote on any items adopted after re-opening. (Minutes note) Council: Resolved to purchase a property via the Commonwealth/State Resilient Homes Fund voluntary buyback, subject to Queensland Reconstruction Authority (QRA) processes, and authorised CEO to execute and vary contractual arrangements. (Item 2.1) Council: Awarded Contract CN00297 for Black Mountain Road landslide remediation to Hazell Bros (Qld) Pty Ltd; authorised CEO to negotiate final terms. (Item 2.2) Council: Approved CEO authority to amend the Black Mountain contract up to 11.5% of total contract value, enabling in-scope adjustments without further resolution. (Item 2.2) Council: Approved entering a commercial lease for staff administration offices (Suites 403–406, 90 Goodchap St, Noosaville) for 5 years with 2 x 3-year options; CEO to finalise and execute. (Item 2.3) Council: Directed capital fitout costs for the leased premises to be referred to the next Budget Review (BR). (Item 2.3) Council: Instructed officers to implement immediate compliance and appropriate workplace arrangements at the current Administration building and progress long-term master planning for permanent staff accommodation. (Item 2.3) Clare Stewart: Re-opened the meeting to the public prior to adopting resolutions on Items 2.1–2.3; all carried unanimously (excluding Cr Stockwell). (Re-opening; Items 2.1–2.3) Contentious / Transparency Matters Meeting Closure: Use of s 254J(3)(g),(h) to exclude public for all three items relies on “contracts proposed” and “commercial negotiations”; lawful but narrows contemporaneous community oversight of significant spending and leasing decisions. (00:01; Closure) Selective Presence: With Brian Stockwell absent from voting, “unanimous” outcomes reflect only those present; transparency note is that debate and vote counts were not disclosed publicly due to closure. (Minutes note; Items 2.1–2.3) Lease Details: Core lease financials (rent, incentives, outgoings, escalation) not disclosed in open session; reliance on CEO delegation masks market benchmarking until post-facto reporting. (Item 2.3) Contract Variations: Pre-authorised 11.5% contract uplift creates agility but diminishes public scrutiny of scope creep unless variation reporting is later published. (Item 2.2) Buyback Property: Specific property not identified in open minutes; privacy is consistent with program norms, but limits community visibility on acquisition rationale and flood-mitigation yield. (Item 2.1) Legal / Risk Statutory Basis: Remote attendance approval under s 254K and closure under s 254J(3)(g),(h) appear compliant; risk if discussion strayed beyond contracts/negotiations would be procedural invalidity. (00:01; Closure; Attendance) Delegations: CEO empowered to make, amend, and discharge contracts (Item 2.1) and vary CN00297 up to 11.5% (Item 2.2); ensure alignment with Council’s Delegations Register and Procurement Policy to avoid ultra vires action. Procurement Probity: Award to Hazell Bros suggests a concluded tender; probity risk if negotiation alters material terms post-award without equal treatment or documented value-for-money justification. (Item 2.2) Financial Exposure: Lease fitout costs deferred to Budget Review; risk profile hinges on life-cycle cost vs options analysis for permanent accommodation and potential duplication with master planning. (Item 2.3) Program Compliance: Flood buyback subject to QRA processes; failure to meet funding conditions could jeopardise reimbursement and expose Council to unfunded acquisition/rehab liabilities. (Item 2.1) Operational Continuity: Black Mountain Road landslide works mitigate transport risk; delay or scope underestimation could sustain safety hazards and disaster recovery funding risks. (Item 2.2) Environmental Concerns Voluntary Buyback: Acquisition removes high-risk dwelling(s) from floodplains, supporting resilience and potential environmental restoration of inundation areas, consistent with Resilient Homes Fund aims. (Item 2.1) Landslide Remediation: Works at Black Mountain Road should integrate erosion/sediment controls and geotechnical stability to protect waterways and slopes during reconstruction. (Item 2.2) Net Outcomes: Combined measures advance disaster-risk reduction and climate adaptation, though environmental safeguards are not detailed in minutes and will rely on contract specifications and QRA standards. (Items 2.1–2.2) Procurement & Finance Contract CN00297: Single named supplier awarded; require public contract summary post-execution (scope, price band, timeline) to evidence value-for-money under Council procurement policy. (Item 2.2) Lease Structure: 5-year term with 2 x 3-year options centralises admin staff; financial transparency will depend on BR disclosures of fitout and recurrent costs. (Item 2.3) Governance: CEO negotiation/execution authorities expedite delivery but call for post-award reporting to Council and Audit & Risk Committee to maintain probity traceability. (Items 2.1–2.3)
Official Meeting Minutes
MINUTES Special Meeting Thursday, 3 August 2023 1:00 PM Council Chambers, 9 Pelican Street, Tewantin Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson, Brian Stockwell, Tom Wegener, Frank Wilkie “Noosa Shire – different by nature” SPECIAL MEETING MINUTES 3 AUGUST 2023 1. ATTENDANCE & APOLOGIES COUNCILLORS Councillor Clare Stewart (Chair) Councillor Joe Jurisevic (via Microsoft Teams) Councillor Amelia Lorentson Councillor Brian Stockwell (via Microsoft Teams) Councillor Tom Wegener Councillor Frank Wilkie EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director - Strategy and Environment and Sustainable Development Kim Rawlings Acting Director Infrastructure Services Shaun Walsh APOLOGIES Councillor Karen Finzel Council Resolution Moved: Cr Clare Stewart Seconded: Cr Tom Wegener That in accordance with Section 254K of the Local Government Regulation, Cr Stockwell and Cr Jurisevic are approved to attend the Special Meeting dated 03/08/2023 via Microsoft Teams. Carried unanimously. 2. CONFIDENTIAL REPORTS CLOSURE OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Clare Stewart Seconded: Cr Amelia Lorentson That the meeting be closed to the public pursuant to section 254J(3)(h and g) of the Local Government Regulation 2012 for the purpose of discussing a contract proposed to be made by Council and in particular, the potential commercial negotiations in relation to those contracts, for items: 2.1 - Confidential not for Public Release - Voluntary Flood Recovery Property Acquisition 2.2 - Confidential not for Public Release - Contract No. CN00297 - Flood Reconstruction #359 Black Mountain Road – Landslide Remedial Works ; and 2.3 - Confidential not for Public Release - Office Administration Space Commercial Lease Procurement Proposal. Carried unanimously. Cr Brian Stockwell left the meeting (via Teams) at 1.50pm and was not present for voting on any items. SPECIAL MEETING MINUTES 3 AUGUST 2023 RE-OPENING OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Clare Stewart Seconded: Cr Frank Wilkie That the meeting be re-opened to the public. Carried unanimously. 2.1. CONFIDENTIAL: NOT FOR PUBLIC RELEASE – VOLUNTARY FLOOD RECOVERY PROPERTY ACQUISITION Council Resolution Moved: Cr Clare Stewart Seconded: Cr Frank Wilkie That Council note the report by the Community Connections Manager to the Special Meeting dated 03 August 2023 and A. Through the Commonwealth and State Resilient Home Fund, purchase the property as detailed in the Report for the purposes of the voluntary home buyback program, provided that all processes have been satisfactorily completed with Queensland Reconstruction Authority (QRA); B. Authorise the Chief Executive Officer to take the necessary action to implement Council’s decision, including but not limited to making, amending, and discharging the contractual arrangement/s; and C. Undertake the necessary actions to fulfil the conditions of the program. Carried unanimously. 2.2. CONFIDENTIAL: NOT FOR PUBLIC RELEASE - CONTRACT NO. CN00297 - FLOOD RECONSTRUCTION #359 BLACK MOUNTAIN ROAD - LANDSLIDE REMEDIAL WORKS Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Clare Stewart That Council note the report by the Disaster Reconstruction Coordinator to the Special Meeting dated 3 August 2023, and: A. Award Contract No. CN00297 for Black Mountain Road, Black Mountain Landslide remediation to Hazell Bros (Qld) Pty Ltd; and B. Authorise the CEO to negotiate the final contract with Hazell Bros (Qld) Pty Ltd; and C. Authorise the CEO to amend the contract up to 11.5% of the total contract value. Carried unanimously. SPECIAL MEETING MINUTES 3 AUGUST 2023 2.3. CONFIDENTIAL NOT FOR PUBLIC RELEASE - OFFICE ADMINISTRATION SPACE – COMMERCIAL LEASE PROCUREMENT PROPOSAL Council Resolution Moved: Cr Tom Wegener Seconded: Cr Clare Stewart That Council note the report by the Director Corporate Services to the Special Meeting dated 3 August 2023 regarding a commercial lease proposal for Council staff administration office space and: A. Agree to enter a commercial lease of suites 403, 404, 405 and 406 on the premises of 90 Goodchap Street, Noosaville; B. Agree to a 5 year lease term, with 2 x 3 year options to extend; C. Authorise the CEO to finalise negotiations for the lease terms; D. Authorise the CEO to execute the lease, and in future years up to two (2) subsequent lease extensions each of three (3) years, subject to meeting Council requirements; E. Refer to Budget Review (BR) the capital fitout costs associated with the lease; and F. Officers continue to progress immediate actions for the staff working in the Administration building to ensure a compliance and appropriate workplace arrangements, and continue long term master planning of future permanent staff accommodation arrangements for Council. Carried unanimously. 3. MEETING CLOSURE The meeting closed at 2:28 PM
Meeting Transcript
Clare Stewart 00:01.580
Traditional lands of the Kabi Kabi people, and I pay my respects to the Elders, past and present and Ancestors. I know that we have an apology from Councillor Karen Finzel, who is away on leave, and Councillors Stockwell and Jurisevic, I know who is attending. attending via Microsoft Teams, and everyone else is in attendance. To allow Teams to attend, I move that in accordance with Section 254K of the Local Government Regulation, that Councillor Stockwell and Councillor Jurisevic are Councillor Jurisevic are approved to attend this official meeting at 3rd of August 2023 by Microsoft Teams. Thank you, Councillor. We now have an item. We can speak to it all in favour? Carried unanimously. Thank you and welcome, Councillor. Officially, Councillor Stockwell and Jurisevic. Thank you and welcome. And I'll need to see your hands to councillors for both. And I'll need to see your hands. Today's special meeting is to consider three confidential items. To allow us to discuss these matters, I move that I immediately close the meeting to the public pursuant to section 254J(3)(h and g) of the Local Government Regulation 2012 for the purpose of discussing the contracts proposed to be made by And in particular, potential commercial negotiations in relation to those contracts for items. 2.1, confidential, not for release, not for public release, voluntary flood recovery, property acquisition, not for public release landslide remedial works, and item 2.3, confidential, not for public release, office administration space, commercial lease procurement proposal. All in favour? Carried unanimously. Thank you, we will now turn off the cameras. Related Noosa Council Meetings
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