Special Meeting
Date: Friday, 23 August 2024 at 1:45PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:04:18
Synopsis: Contract awarded to Hazell Bros for Schreibers Rd flood works incl. water main realignment, Closed session held for commercial negotiations, CEO delegated w/ 11% cap, Unanimous.
Meeting Attendees
Councillors
Frank Wilkie Karen Finzel Amelia Lorentson Brian Stockwell Tom Wegener Jessica Phillips Executive Officers
Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Infrastructure Shaun Walsh Apologies (Did Not Attend)
AI-Generated Meeting Insight
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; Confidential Session). Frank Wilkie: Moved to close the meeting under s254J(3)(g) Local Government Regulation 2012 to protect commercial negotiations; carried unanimously (00:40; Confidential 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; Confidential 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; Confidential 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; Confidential Session). Public record: Minutes clearly state the statutory ground and unanimous decisions, supporting procedural transparency (Confidential 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; Confidential 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 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. CONFIDENTIAL 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
Meeting Transcript
Frank Wilkie 00:00.000
August 2024. Actually, I'd say it's Friday, August 23rd, 2024. I declare the meeting open. I'd like to begin by acknowledging the traditional custodians of the lands on which we meet, which is the Kabi Kabi people, pay respects to elders past, present and emerging, reiterate their continual invitation for us to join them as joint custodians and caring for the place we love and each other. have an apology from Councillor Wilson who's away on leave. Today's special meeting is to consider one confidential item. The item deals with a contract. The contract is funded by external funding, not ratepayers money, but we're still going to move into confidentiality. going to move into confidential session because the discussions could have an effect on potential commercial negotiations in relation to these and future contracts. So I'd like to move that the meeting be closed. To the public pursuant to section 254J(3)(g) the Local Government Regulation 2012 for the purpose of discussing contracts proposed to be made by Council and in particular the potential commercial negotiations in relation to these contracts for items 2.1 contract number CN00510B package 510 Schreibers Rd Bridge I have a seconder please Thank You Councillor Wegener. SPEAKER_01 01:29.663
Can I just point out that you read something different to what's on the screen Frank Wilkie 01:40.880
Yes all right well I'll read the the motion that oh you've already moved that one so we just to change up there okay well well you can I'll read this motion that That the the meeting meeting be 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 SPEAKER_04 02:14.336
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. Frank Wilkie 02:33.100
Okay, we are now back in public session. We have a recommendation that Council notes the report by the Disaster Reconstruction Coordinator to the Council special meeting dated 23rd of August 2024 and a award contract number CN00510B Flood Reconstruction Package 510 Schreibers Rd including the realignment of water main infrastructure to Hazell Bros (Qld) Pty Ltd. 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. Delegate to the Chief Executive Officer the power to amend the contract up to 11% of the total contract value. We have someone prepared to move that. Wegener, a seconder. Councillor Lorentson, thank you. Councillor Wegener, do you wish to speak? Councillor Wegener: I'd just like to thank Julie and the team. It's been a long road, lots of bridges. Yeah, congratulations. This looks like a really well-thought-out way. Thank you very much. Thank you, Councillor Wegener. Just for those who may be listening or watching, the recommendation, as in the report, points 1, 2, 3 of the recommendation recommendation have been changed to A, B and C. It's a technical amendment. Anyone else wish to speak to the motion? I'll put the motion. Those in favour? That's unanimous. That's carried. Thank you, Julie. Thank you, Larry. Related Noosa Council Meetings
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