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Special Meeting

Friday, 23 August 2024 @ 1:45PM - #728
Meeting Duration: 4 minutes

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Awarded Schreibers Rd Bridge flood rebuild and water main to Hazell Bros, Closed to protect negotiations, CEO delegated 11% variations, Contract value undisclosed, Externally funded.

Speaker timeline3 speakers

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0:000:000:010:020:020:030:04 Frank Wilkie (Chair)Frank Wilkie (Chair)Tom WegenerTom WegenerBrian StockwellBrian Stockwell

Meeting Resources

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Key Decisions & Discussions
• Frank Wilkie: Opened a special meeting to consider one confidential contract for flood reconstruction at Schreibers Rd Bridge; noted external funding, not rates (00:00; Closed Session).
• Frank Wilkie: Moved to close the meeting under s254J(3)(g) Local Government Regulation 2012 to protect commercial negotiations; carried unanimously (00:40; Closed Session).
• Frank Wilkie: Re-opened to public; presented recommendation to award Contract CN00510B – Flood Reconstruction Package 510 (Schreibers Rd Bridge) incl. water main realignment to Hazell Bros (Qld) Pty Ltd (02:33; Item 2.1).
• Tom Wegener: Formally moved the award; acknowledged staff (“Julie and the team”) for delivery across multiple bridges (02:33; Item 2.1).
• Amelia Lorentson: Seconded the award motion (02:33; Item 2.1).
• Karen Finzel: Seconded the motion to re-open to the public per minutes, confirming process integrity (Re-opening Motion; Closed Session).
• Council: Delegated to CEO authority to negotiate, finalise, execute, and administer the contract (02:33; Item 2.1).
• Council: Delegated to CEO power to amend the contract up to 11% of total contract value (02:33; Item 2.1).
• Council: Adopted a technical amendment converting numbered points to A–C for clarity (02:33; Item 2.1).
• Council: Vote was unanimous in favour of award and delegations (02:33; Item 2.1).
• Frank Wilkie: Recorded apology from Cr Nicola Wilson (00:12; Attendance & Apologies).
• Executive present: CEO Larry Sengstock and Directors Contini, Grauf, Acting Director Walsh attended, ensuring executive oversight (Attendance).
Contentious / Transparency Matters
• Unclear wording corrected: A councillor flagged the presider initially read wording different to the on-screen motion; the Chair corrected and read the statutory ground verbatim (01:29–02:14; Closed Session).
• Justification for closure: Chair emphasised commercial prejudice risk to current and future contracts, aligning with s254J(3)(g), but scrutiny remains due to claim of “external funding” reducing ratepayer exposure (00:40; Closed Session).
• Public record: Minutes clearly state the statutory ground and unanimous decisions, supporting procedural transparency (Closed Session; Item 2.1).
• Contract value opacity: Neither minutes nor transcript state the contract sum, which limits public visibility at the time of award (Item 2.1).
• Variation cap: Delegation to amend up to 11% exceeds common 10% caps, potentially perceived as generous without published governance constraints (02:33; Item 2.1).
Legal / Risk
• s254J(3)(g) compliance: Properly cited ground for closed session – negotiations of a commercial matter where public discussion would likely prejudice Council interests; moved and carried (00:40; Closed Session).
• Decision integrity: Re-opened session before resolution; decision taken in open meeting with mover/seconder and unanimous vote, aligning with QLD open decision requirements (02:33; Item 2.1).
• Delegations: CEO empowered to execute and vary; lawful if consistent with Council’s adopted Procurement/Contract Management Policies – minutes should be cross-referenced to those instruments for probity (Item 2.1).
• Contract variation risk: 11% cap requires tight change-control to avoid scope creep; ensure cumulative variations tracked and any exceedance returns to Council (02:33; Item 2.1).
• Funding conditions: “Flood Reconstruction” and Disaster Reconstruction Coordinator imply DRFA/QRA funding; non-compliance with milestone, procurement, or value-for-money tests could jeopardise reimbursement (02:33; Item 2.1).
• Utilities interface: Water main realignment elevates third-party coordination risk, necessitating service authority approvals and safety compliance under WHS and utility codes (Item 2.1).
Infrastructure & Disaster Recovery Funding
• Scope: Schreibers Rd Bridge flood reconstruction with integrated water main realignment consolidates works to reduce duplication and outage risk (02:33; Item 2.1).
• Procurement outcome: Award to Hazell Bros (Qld) Pty Ltd indicates completion of a competitive process; Disaster Reconstruction Coordinator’s report underpinned value and readiness (Item 2.1).
• Delivery oversight: Thanks to “Julie and the team” suggests established internal program governance across multiple bridge packages, aiding consistency (02:33; Item 2.1).
• Community impact: Bridge restoration likely restores connectivity/resilience; realignment of services should be scheduled to minimise service interruptions (Item 2.1).
Official Meeting MinutesRead minutes ↗
MINUTES

Special Meeting

Friday, 23 August 2024

1:45 PM
Council Chambers, 9 Pelican Street, Tewantin

Crs Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson

“Noosa Shire – different by nature”
SPECIAL MEETING MINUTES 23 AUGUST 2024

1. ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Brian Stockwell
Cr Tom Wegener
Cr Jessica Phillips

EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Acting Director Infrastructure Shaun Walsh

APOLOGIES
Cr Nicola Wilson

2. CLOSED SESSION

CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
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 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; Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
That the meeting be re-opened to the public.
Carried unanimously.
SPECIAL MEETING MINUTES 23 AUGUST 2024

2.1. CONTRACT NUMBER CN00510B - PACKAGE 510 - SCHREIBERS ROAD
BRIDGE

Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Amelia Lorentson
That Council notes the report by the Disaster Reconstruction Coordinator to the Council Special Meeting dated 23 August 2024, and:
A. Award Contract No. CN00510B for Flood Reconstruction - Package 510 – Schreibers Rd Bridge, including the realignment of the water main infrastructure to Hazell Bros (Qld) Pty Ltd.
B. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute, and do all things necessary to administer the Contract on behalf of Council; and C. Delegate to the Chief Executive Officer the power to amend the contract up to 11% of the total contract value.

Carried unanimously.

3. MEETING CLOSURE

The meeting closed at 2.22pm

Inside this meeting

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