Services & Organisation Committee - 8 October 2024
Date: Tuesday, 8 October 2024 at 1:30PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:19:27
Synopsis: Meeting moved to Peregian with livestream, EOI for approx. $12m composting facility under CEO delegation and uncertain funding, Procurement lists updated for probity, Local supplier guidance.
Meeting Attendees
Committee Members
Karen Finzel Jessica Phillips Frank Wilkie Nicola Wilson
Non-Committee Members
Amelia Lorentson Tom Wegener
Executive Officers
Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Infrastructure Services Shaun Walsh
AI-Generated Meeting Insight
Key Decisions & Discussions Karen Finzel: Committee unanimously backed moving the 21 Nov Ordinary Meeting to Peregian Beach Community House at 5pm to enhance community access (5.1) (00:00–04:35). Larry Sengstock: Confirmed pre-meeting community engagement and staff/director availability to field questions; meeting to be livestreamed and recorded (5.1) (01:41–04:17). Frank Wilkie: Sought assurance that directors will attend and key consultations (Destination Management Plan; Noosaville Foreshore Management Plan) will be live by then; CEO agreed (5.1) (03:50–04:04). Committee: Adopted amended Sole Supplier and Specialised Supplier lists for 12 months to streamline procurement within the Local Government Act/Regulation framework (5.2) (05:36–06:26). Lynne (Procurement): Explained removals occur where services now sourced via competitive quotes or existing panels; additions address current/future needs (5.2) (06:53–07:22, 09:47). Lynne (Procurement): Confirmed annual review of lists and market checks for probity; removals revert to competitive processes to ensure fairness (5.2) (09:07–09:28, 08:01). Lynne (Procurement): Reported 17% local/deemed-local on Specialised list; ~30% including Noosa and neighbouring LGAs; some categories only available via nationwide suppliers (5.2) (09:47–12:15). Lynne (Procurement): Justified VicPol and other state registries as sole suppliers for vehicle registration searches because they uniquely hold the data, ensuring legislative compliance (5.2) (14:08–15:14). Lynne (Procurement): Shifted aged-care podiatry from named contractors to a “podiatry services” category to reflect provider availability realities (5.2) (15:14–15:50). Committee: Resolved to invite EOIs for design/construction of a composting facility at Eumundi–Noosa Rd landfill, then shortlist to tender (7.1) (minutes 7.1; 17:26–17:29). Frank Wilkie: Publicly outlined rationale for an EOI to “cast a wide net,” flagged an estimated cost of ~$12m, and noted funding not yet secured (7.1) (17:29–18:20). Committee: Delegated authority to CEO under s257 LGA 2009 to manage EOI/tender and sought a future report on evaluation outcomes (7.1). Contentious / Transparency Matters Larry Sengstock: Committed to advertising the off-site 21 Nov meeting and providing a livestream/recording to ensure broad access (5.1) (01:41–03:59; minutes 5.1.C–D). Karen Finzel: Pressed for assurance of on-site staff to answer questions and take matters on notice during pre-meeting engagement (5.1) (02:43–03:13). Jessica Phillips: Moved to close the meeting for Item 7.1 under s254J(3)(g) LGR (negotiations relating to a commercial matter), then reopened for resolution (7.1) (16:34–16:52). Frank Wilkie: After reopening, transparently summarised the EOI scope, indicative cost, and uncertain funding to inform the public record (7.1) (17:29–18:20). Karen Finzel: Queried probity/equity for suppliers removed from sole/specialised lists; procurement confirmed competitive pathways and advice channels (5.2) (07:38–08:44). Lynne (Procurement): Guided local suppliers to contact procurement and register on VendorPanel to increase visibility (5.2) (12:49–13:22). Legal / Risk Committee: Meeting time/venue change enacted under s257(3)(b) Local Government Regulation 2012; ensures procedural validity (5.1). Committee: EOI invited under s228(3) LGR to assess market capacity/solutions before tenders; minutes record public-interest reasons 1–4 (7.1). Committee: Confidentiality applied under s254J(3)(g) LGR for commercial negotiations; later reopened, preserving accountability (7.1). Committee: CEO delegated authority under s257 Local Government Act 2009 to progress EOI/tenders; final evaluation report to return to Council (7.1). Risk – Funding: ~$12m composting facility lacks secured funding; options mooted include Council of Mayors or loans, implying budget and debt-risk appraisal ahead (7.1; 17:29–18:20). Risk – Probity: Sole/specialised lists pose perceived favoritism risk; mitigations noted: annual review, market scans, use of panels/competitive quotes, and statutory exceptions (5.2). Environmental Concerns (Waste & Organics) Committee: Progressed an organics composting facility EOI at the Eumundi–Noosa Rd landfill to improve resource recovery, subject to competitive market testing (7.1). Frank Wilkie: Emphasised industry-wide solicitation for best-practice design and construction via EOI-to-tender pathway (7.1) (17:29–18:20). Community Engagement & Foresight Larry Sengstock: Signalled community input on the Destination Management Plan at Peregian engagement session (5.1) (03:23–03:41). Larry Sengstock: Aimed to have the Noosaville Foreshore Management Plan out for public communication by the time of the Peregian meeting (5.1) (03:23–03:59). Committee: Adjusted meeting logistics to after-hours and off-site to broaden participation from coastal communities (5.1). Procurement Practices & Local Economy Lynne (Procurement): Clarified that “removed” suppliers can still compete via quotes or panels; not an exclusion from future work (5.2) (06:53–07:22). Frank Wilkie: Probed local spend and supplier share; procurement cited current local/deemed-local proportions while taking total spend figures on notice (5.2) (11:31–12:49). Lynne (Procurement): Highlighted efficiency gains from codifying sole suppliers like state vehicle registries to avoid redundant tendering (5.2) (14:08–15:14).
Official Meeting Minutes
MINUTES Services & Organisation Committee Meeting Tuesday, 8 October 2024 1:30 PM Council Chambers, 9 Pelican Street, Tewantin Committee: Crs Karen Finzel (Chair), Jessica Phillips, Frank Wilkie, Nicola Wilson “Noosa Shire – different by nature” SERVICES & ORGANISATION COMMITTEE MEETING MINUTES 8 OCTOBER 2024 1. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Jessica Phillips Cr Frank Wilkie Cr Nicola Wilson NON COMMITTEE MEMBERS Cr Amelia Lorentson Cr Tom Wegener EXECUTIVE Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil. 2. CONFIRMATION OF MINUTES Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips The Minutes of the Services & Organisation Committee Meeting held on 10 September 2024 be received and confirmed. Carried unanimously. 3. PRESENTATIONS Nil. 4. DEPUTATIONS Nil. 5. REPORTS FOR CONSIDERATION OF THE COMMITTEE SERVICES & ORGANISATION COMMITTEE MEETING MINUTES 8 OCTOBER 2024 5.1. CHANGE OF VENUE & TIME FOR 21 NOVEMBER 2024 ORDINARY MEETING Committee Recommendation Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That Council A. Note the report by the Chief Executive Officer to the Services and Organisation Committee Meeting dated 8 October 2024 regarding the Ordinary Meeting dated 21 November 2024; and B. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to 1. change the commencement time of the Ordinary Meeting on 21 November 2024 (from 10am) to 5pm; and 2. change the venue for the meeting to Peregian Beach Community House; C. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to promote this community based Council Meeting; and D. Note that Council plan to livestream the meeting and place a copy of the recording on Council's website. Carried unanimously. 5.2. NOOSA SHIRE COUNCIL SOLE AND SPECIALISED LISTS Committee Recommendation Moved: Cr Frank Wilkie Seconded: Cr Nicola Wilson That Council A. Note the report by the Procurement & Contracts Advisor to the Services & Organisation Committee Meeting dated 8 October 2024; and B. Adopt the amended Sole Supplier list provided at Attachment 1 of the report for the next twelve (12) months; and C. Adopt the amended Specialised Supplier list provided at Attachment 2 of the report for the next twelve (12) months. Carried unanimously. 6. REPORTS FOR NOTING BY THE COMMITTEE Nil. 7. CONFIDENTIAL SESSION SERVICES & ORGANISATION COMMITTEE MEETING MINUTES 8 OCTOBER 2024 7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - COMPOSTING EXPRESSION OF INTEREST (EOI) CLOSURE OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Jessica Phillips Seconded: Cr Nicola Wilson That the meeting be closed to the public pursuant to section 254J(3)(g) of the Local Government Regulation 2012 for the purpose of discussing Item 7.1 Composting Expression of Interest (EOI). Carried unanimously. RE-OPENING OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That the meeting be re-opened to the public. Carried unanimously. Committee Recommendation Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That Council note the report by the Waste Manager to the Services & Organisation Committee Meeting dated 8 October 2024 and A. Invite expressions of interest (EOI) for the design and construction of a composting facility at the Eumundi-Noosa Road landfill site pursuant to Section 228(3) of the Local Government Regulation 2012; B. Note that it is in the public interest to invite expressions of interest before inviting written tenders for the following reasons: 1. it allows Council to canvass the interest and capacity of suppliers in the market to deliver composting related services; 2. it reduces the time and expense associated with preparing a full tender response for suppliers as only those short listed will be invited to do so; 3. it ensures that Council is able to consider the most suitable composting solutions without having to specify a required solution in a rapidly changing technical market; and 4. it maximises Council’s resources in the tender process by reducing the number of tenders needing evaluation; C. Request the CEO prepare a short list from those providers that respond to the EOI and invite written tenders; D. Delegate authority under Section 257 of the Local Government Act 2009 to the Chief Executive Officer to determine and finalise any and all matters associated with the EOI and the tender process described in this report; and E. Request a report to a future Council Meeting detailing the evaluation outcomes of the tender process for Council’s further consideration. Carried unanimously. 8. MEETING CLOSURE The meeting closed at 2.05pm.
Meeting Transcript
Karen Finzel 00:00.840
That's me, that's Good afternoon and welcome to the Services and Organisation Committee meeting, 8th of October 2024. Good afternoon and welcome to everybody. Good afternoon to the Mayor, councillors, the CEO, to the staff and we have in the gallery today with us we have Councillor Tom Wegener and Councillor Amelia Lorentson. I'd like to take this opportunity to acknowledge the Kabi Kabi people and the traditional lands on which we live, work and play and acknowledge their inherent wisdom and their teachings that inform us day to We have everyone in attendance and no apologies, do we have a mover for the confirmation of the minutes, 10th to the 9th 24. Moved by Councillor Wilkie, seconded by Councillor. take it to the vote, all in favour? That's unanimous, thank you. Item number three, presentations, there are nil. Number four, deputations, nil to present. Five, reports for consideration to the committee. We start with 5.1, change of venue and time for 21st of November 2024 ordinary meeting. Do we have anyone? No, I'll do that. Thank you Mr CEO.
Larry Sengstock 01:41.213
No problems at all. So in keeping with our direction to take some of our ordinary meetings to some of our regional areas, we are proposing to have our November meeting, instead of it being here in the chambers, being at the Peregian Beach Community House on the 21st of Beach Community House on the 21st of November, so the same day, but instead of it being at 10 o 'clock in the morning, it'll be 5 o 'clock in the afternoon, and there will be some activity prior to that, opportunities for community to come along and talk to us about some various things that may be of interest to them and some specific things that we want to talk about as well from a council point of view. But we're talking, moving the date, so... need to do this as far as we need a resolution to do this, to move the ordinary meeting from the 21st of November at 10:00am. here in the head office, we move it to same date, 21st of November at 5:00pm. at Peregian Beach Community House.
Karen Finzel 02:43.334
Thank you very much. Well this is a great opportunity for our community to come and have some meaningful engagement. Mr. CEO, does that mean we will have staff with us to answer questions?
Larry Sengstock 02:55.134
Yes, so there's some things that will be, we already have consultation happening, a number of things, and there'll be more detail on that coming out prior to the meeting, so we will have staff there. prior to the meeting, so we will have staff there, but also staff to, if community want to come along with some questions, we'll have some ability to provide answers or at least take that on notice.
Karen Finzel 03:13.886
Fantastic. And is there anything specific that you might have information there for the community to obtain on any issues at the moment that are pressing the community?
Larry Sengstock 03:23.506
At this point in time, we're looking at having some, getting some feedback on our... some feedback on our destination management plan, but also I think that we'll be out with our Noosaville foreshore management plan. We'll be, hopefully everything will be in play for that to be communicated as
Karen Finzel 03:41.119
Well. Fantastic. Well that's really something to look forward to. I presume all councillors who are available will be there. Do we have any questions regarding the change?
Frank Wilkie 03:50.327
No, you answered a question I had about information being available for the Noosaville foreshore draft revised plan. which will be current at that time.
Larry Sengstock 03:59.995
That's right. So we're hopeful of getting it all out and being in the public at that point.
Frank Wilkie 04:04.635
And most of the directors, all the directors will be there at the same time? Yes. So they're able to field questions on any topic basically. If they come up. Yes. I say any topic, but yes, the majority of topics.
Karen Finzel 04:17.163
I'm sure there's opportunity to have it on notice.
Frank Wilkie 04:18.983
That's right, and take things on notice. Council related topics. Exactly. If we don't have the information we can certainly take it on notice and get back to the people.
Karen Finzel 04:25.663
Fantastic. Any further questions? Do we have a mover to change the venue and time to the 21st of November 2024 ordinary meeting?
Frank Wilkie 04:33.691
I'll move it Madam Chair.
Karen Finzel 04:35.531
Moved by Councillor Wilkie, seconded by Councillor. Take vote. All in favour? Yes, that's unanimous. Thank you. Okay, moving on to item 5.2 Noosa Shire Council sole and specialist lists and we have staff join us today. Thank you and welcome to the table. So welcome to the table. Thank you for your time. Thank So welcome to the table. I'm just seeking a brief overview of what is before us today. Absolutely. So in accordance with the summary, procurement of all Council's goods and services must be carried out in accordance with compliance and with the Local Government Act and the Local Government Regulation.
Lynne 05:36.712
The Regulation provides for the procurement of medium-sized and large-sized contracts and also allows for exceptions to these requirements under certain circumstances such as the approval of a supplier being deemed either sole or specialised. This report seeks to amend both the sole and specialised lists by both the addition and removal of nominated suppliers. The amendment of both lists arises due to some suppliers requiring removal from the list as goods and services are either no longer required by council at this stage or they are able to be procured by other means as permitted by legislation. Secondly, this amendment requires to add new suppliers to the list to address council's current and future procurement requirements.
Karen Finzel 06:26.205
Thank you. And do we have any questions from the councillors at the table?
Frank Wilkie 06:31.925
Yes, Madam Chair. Could you, um, clarify what, under the remove list, what is meant by services may be engaged via alternate methods as permitted by the legislation? Could you, um... So, what has happened in those circumstances? circumstances. For, say, Gen Y and Playmakers.
Lynne 06:53.901
So, in those circumstances, um, they have, there are other options of either seeking, um, multiple quotes, uh, via the competitive process, or may have been added to a supplier arrangement that has gone to tender panel arrangement and we can engage by that process. So it is another either exception to the legislation that can be used.
Frank Wilkie 07:22.658
So it's not saying that Genway is no longer providing services. Correct. It's saying their services are engaged. That's correct. Okay. Thank you.
Karen Finzel 07:38.078
What's the process to reassure that that is fair and equitable process? That's put forward now. In terms of? In terms of the people that are removed with the exception. So it is just, might you answer the question about there's other pathways to do it? Yes. Is there any other process in motion that provides assurance?
Lynne 08:01.434
The equitable process is the competitive process. So if they have been removed, then their services could be sorted by a competitive process with other players that are within that same market. If we're seeking the panel arrangement, they've already been processed by a They've already been processed via a competitive process in that they tended to be approved on the current arrangement. So there is that fair and equitable process in place there. Fantastic. And there is a pathway for people who feel that hasn't been properly adhered to? Absolutely, yes. So they can certainly be in touch. And we can advise them on how best to ensure that they're visible to the market as well.
Karen Finzel 08:44.771
Fantastic. So if a good Absolutely. Yes. Fantastic. Any further questions? Yeah, thanks. CEO, do you want to add anything to that?
Larry Sengstock 08:58.163
No. That's all good. This is normal practice practice for for us.
Frank Wilkie 09:00.931
Fantastic. I have another question Madam Chair. Just out of interest, how often are these lists amended?
Lynne 09:07.091
Annually. So we review them every year and we ensure that we bring it to council to have it approved.
Frank Wilkie 09:14.951
Is there normally this much movement? On and off the lists?
Lynne 09:18.159
Yes, it certainly can, absolutely. The market can move as quickly or as slowly as is deemed.
Frank Wilkie 09:28.760
And Councillor Finzel alluded to it, there's a lot of probity around these decisions. Can you just talk us through the process for amending these process for amending these lists, like how does it happen that some come to be on and off and what is the probity around this process?
Lynne 09:47.080
Yeah, so we do a review, so the requests are sent through by the departments themselves. And we do searches either via any current panel arrangements that may be accessed, we also do a search on potential competitors within the market as well, so it's... In order to be added to the list, it's for the reason that they're on that particular list, so it may mean that, you know, there is a competitive process that's done outside this list, we're not saying that... saying that that's the only means in order to engage, we still have the other means of engaging the market, but we do a number of checks throughout the process to ensure that the reason that they're coming ensure that the reason that they're coming to us, we can clearly show that they are appropriate to be on that. And there's often a lot of interest in these, in terms of what the percentage are local suppliers. Are you able to give us an indication of that? Yes, I can actually. So in terms of the overall list, on the specialised list, what we have is there's local, but we've also deemed local as well. And what we mean by that by that is it could be that it's a larger company but there's a lot of local employees that are being employed in that particular group. So in the Noosa Shire including deemed, we have 17% of the list is local and deemed.
Frank Wilkie 11:31.145
17% Of the total list, all these charges?
Lynne 11:33.925
Sorry, of the total list, yeah. Of the new list, we have two that have actually been included.
Frank Wilkie 11:45.925
So a lot of these services So a lot of these services are available only through, what, nationwide companies?
Lynne 11:51.662
Potentially, yeah, there are some that may actually only be nationwide. We have local, Sunshine Coast, Gympie, so we even include our surrounding councils as well. Of the entire list, there's about 30% that are from the Noosa Shire and neighbouring councils as well.
Frank Wilkie 12:15.814
And when it comes to the spend on material, materials and services, I understand that that's about 33 million, or a third of councils' spend is on local suppliers, to go to local suppliers.
Lynne 12:32.615
I don't have that current list. I don't have that. Yeah, I don't have that current value.
Frank Wilkie 12:39.335
According to the Economic Development Department.
Lynne 12:43.154
Sorry, I can't speak to that without going in. I can certainly take it on notice if you'd like me to.
Frank Wilkie 12:49.555
And is there, what was your advice to local suppliers who'd like to be part of this process or get on the list?
Lynne 12:56.263
Touch base with our procurement team, so send a direct email to us at procurement and we can start to have those conversations in how to best be visible to council staff and that could as simple as registering to the vendor panel platform because that's where a lot of our buyers internally will seek first and foremost. Touch base with our procurement which would Thank you, Lynne. That's alright, thank I have a question and I don't know if we can go that deep dive into it but I noticed that we've got the vehicle registration searches from Vicpol. Can you explain to me what efficiencies that will bring to our local laws? Do you mean in terms of instead of seeking competitive quotes to go for those services? Yes I guess I want to understand why that is on out this list and then I think I know but maybe just expand it. So they are actually on our are they on the SOL?
Karen Finzel 14:04.500
I think I have them on the SOL.
Lynne 14:08.088
I think I have them on the SOL because they are the government entities of each of the states and territories of Australia that they are the only ones that hold that particular information so there's there's nobody else that we can go to so to ensure that we're compliant under the legislation they need to be on this list if if we are If we are seeking services, we need to make sure that if we are at a medium or large size contract, that they meet either the default process or this sole specialised, the exceptions under the legislation. legislation. In terms of efficiencies, these lists efficiencies, these lists in particular allow for that business as usual to be able to expedite the process and ensure that we're We're able to engage with those companies as quickly as possible.
Frank Wilkie 15:14.225
I notice there's at least three references to podiatrists. There's a big demand for podiatry.
Lynne 15:19.605
In terms of Noosa seniors, yes. So you'll notice the podiatry services, the specific contractors were removed but we have added a podiatry services category because of, it was just too difficult, it came down to who was actually available at the time and who could offer those services specifically to aged care.
Frank Wilkie 15:48.545
Do you want to leave it if people don't want to?
Lynne 15:50.705
No, absolutely not.
Frank Wilkie 15:53.165
They must look forward to it. I bet. Happy to manage that. Right, thank you, that's moved by Councillor Wilkie, seconded by Councillor Wilson. Take it to the vote, all in favour? That's unanimous, Thank you. staff for your time this afternoon. Thank you. Item number six, reports for noting by the committee. There is nil to report. Item seven is confidential. Can I move a motion, can someone move the motion that we move into confidential session?
Jessica Phillips 16:34.090
I'll move that the meeting be closed to the public pursuant to section 254. of the Local Government Regulation 2012 for the purpose of discussing item 7.1, Composting Expression of Interest. Thank you, Councillor.
Karen Finzel 16:52.415
Do we have a seconder for that? I'll second that. Thank you, Councillor Wilson. All in favour? That's unanimous. Thank you. And we will now close the meeting to the public and move into... Okay, back on. Good afternoon and welcome back as we come out of the confidential session. Item number 7.1, not for public release, confidential composting... Composting Expression of Interest.
Frank Wilkie 17:26.532
I'll move it Madam Chair.
Karen Finzel 17:29.412
Thank you, that's moved by Councillor Wilkie, seconded by Councillor. All in favour? Yes. Sorry, what do you want to talk about? I think it's important to explain what it is. It's committing the Council to an Expression of Interest process for the design and construction of a composting facility at the Eumundi-Noosa Road landfill. The purpose of going through an Expression of Interest process is to cast as wide a net as possible throughout the industry. So we make sure that we get the best tenders at the end of the process and also the best, hopefully the best, provider to provide the designs and construction. For this facility, it is going to be, we have estimates of its costs of about $12 million, so it's important to get the work right. The funding source is not secured as yet, but it Funding source is not secured as yet, but it could be through the Council of Mayors or through loans, but this is essentially a decision to go to an expression of interest process for the composting facility at the resource recovery Thank you. We'll take it to the vote. Do we do it again then? So we'll take it to the vote. All in favour? That's unanimous. Thank you. And a big thank you to the And a big thank you to the staff. Back to the team. You know, our gratitude for all the work that's been put into this. It is significant and we really acknowledge the work you've done in this space. And thank you for your time today. and with that we declare the meeting closed at 2:05pm. Thank you everyone for attending. I appreciate your sense of humour. Thank you.
Frank Wilkie 19:21.648
I appreciate your sense of humour. Thank you.
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