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Extraordinary Council — 2023-05-11

Minutes · 2 items

0 New Item (Council) - Meeting Attendance via Audio-Link

Resolution: Moved by Mayor Teresa Harding:

WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY

Councillor Kate Kunzelmann

OPENING PRAYER

Councillor Sheila Ireland

APOLOGIES AND LEAVE OF ABSENCE

Nil

Suspension of Meeting Procedures

Moved by Mayor Teresa Harding:

That the provision of these meeting procedures be suspended, as is necessary, for the purpose of presenting Councillor Sheila Ireland with a gift for her 50 th Wedding Anniversary.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Resumption of Meeting Procedures

Moved by Mayor Teresa Harding:

That provision of these meeting procedures be resumed to continue with the order of business.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

5 . Declarations of Interest in matters on the agenda

COUNCILLOR ANDREW FECHNER

In accordance with section 150EQ of the Local Government Act 2009 , Councillor Andrew Fechner informed the meeting that he has a declarable conflict of interest in Item 6.1 titled Variation to Contract 19564 Venue Development Works Design and Construct.

The nature of the interest is that Councillor Fechner stands to gain a benefit or suffer a loss due to his business interest in both A1A Events Pty Ltd and Bar Heisenberg Pty Ltd which is located in the top of town at 164 Brisbane Street, Ipswich.

Councillor Andrew Fechner advised that he will leave the meeting room (including any area set aside for the public) while this matter is being discussed and voted on.

COUNCILLOR JACOB MADSEN

In accordance with section 150EQ of the Local Government Act 2009 , Councillor Jacob Madsen informed the meeting that he has a declarable conflict of interest in Item 6.1 titled Variation to Contract 19564 Venue Development Works Design and Construct.

The nature of the interest is that Councillor Madsen is a member of the Ipswich Trades Hall and Labour Day Committee Executive which manages the Ipswich Trades Hall which is adjacent to the CBD redevelopment works that Council is undergoing.

Councillor Jacob Madsen advised that he will leave the meeting room (including any area set aside for the public) while this matter is being discussed and voted on.

At 1.54 pm Councillors Jacob Madsen and Andrew Fechner left the meeting room due to a previously declared interest in Item 6.1.

6 . Officer’s Report

Mentions: Brisbane Street · Ipswich

View this item in the Council minutes

6.1. Variation to Contract 19564 Venue Development Works Design and Construct

Resolution: Moved by Councillor Marnie Doyle:

6.1

Variation to Contract 19564 Venue Development Works Design and Construct

Moved by Councillor Marnie Doyle:

Seconded by Mayor Teresa Harding:

A. That the recommendations contained in paragraphs B to E relate to the contract between Council and J Hutchinson Pty Ltd for the Venue Development Works Design and Construction Contract No. 19564 (“the Contract”).

B. That under s257(1) of the Local Government Act 2009 Council delegate the power to the Chief Executive Officer (“CEO”) to be authorised to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012 to finalise any further variations and any further provisional sum adjustments to the Contract and to do any other acts necessary to implement Council’s decision.

C. That Council acknowledge and note that provisional sum adjustments and related variations to the Contract, in the amount of $5,332,307 excluding GST, were approved by the CEO, in accordance with the delegation provided by Council, to the CEO, at the Special Council Meeting on 11 August 2022.

D. That Council acknowledge that the further variations and provisional sum adjustments to the Contract, as outlined in recommendation B of this report, have an approximate current value of $14,985,319 excluding GST.

E. That the additional costs for the further contract variations, provisional sum adjustments and any contingencies, be included in the 2023-2024 Budget .

Move into Closed Session

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That in accordance with section 254J(3)(g) of the Local Government Regulation 2012 , the meeting move into closed session to discuss Item 6.1 titled Variation to Contract 19564 Venue Development Works Design and Construct .

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Tully (Abstain)

Ireland

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Jacob Madsen and Andrew Fechner were present when the vote was taken.

The motion was put and carried.

The meeting moved into closed session at 1.56 pm.

Move into Open Session

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the meeting move into open session.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Jacob Madsen and Andrew Fechner were present when the vote was taken.

The motion was put and carried.

The meeting moved into open session at 2.30 pm.

Move into Closed Session

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

That in accordance with section 254J(3)(g and e) of the Local Government Regulation 2012 , the meeting move into closed session to discuss Item 6.1 titled Variation to Contract 19564 Venue Development Works Design and Construct .

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Jacob Madsen and Andrew Fechner were present when the vote was taken.

The motion was put and carried.

The meeting moved into closed session at 2.45 pm.

Move into Open Session

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

That the meeting move into open session.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Jacob Madsen and Andrew Fechner were present when the vote was taken.

The motion was put and carried.

The meeting moved into open session at 2.57 pm.

6.1

Variation to Contract 19564 Venue Development Works Design and Construct

Moved by Councillor Marnie Doyle:

Seconded by Mayor Teresa Harding:

E. That the additional costs for the further contract variations, provisional sum adjustments and any contingencies, be included in the 2023-2024 Budget.

Councillor Paul Tully proposed a variation to Recommendation E with the inclusion of the word ‘draft’ prior to the words 2023-2024.

E. That the additional costs for the further contract variations, provisional sum adjustments and any contingencies, be included in the draft 2023-2024 Budget.

The mover and seconder of the original motion agreed to the proposed variation.

Councillor Marnie Doyle proposed a further Recommendation F as follows:

F. That Council conduct a review of the contract management process in relation to the Contract over the last 12 months and provide a report to council identifying financial, operational and legal risks that may have arisen and how they were addressed or could still be addressed, associated with the development which is the subject of the Contract.

The mover and seconder of the original motion agreed to the proposed further recommendation.

Councillor Paul Tully proposed a further sentence to Recommendation B as follows:

The mover and seconder of the original motion agreed to the proposed further sentence.

Moved by Councillor Marnie Doyle:

Seconded by Mayor Teresa Harding:

E. That the additional costs for the further contract variations, provisional sum adjustments and any contingencies, be included in the draft 2023-2024 Budget.

F. That Council conduct a review of the contract management process in relation

View this item in the Council minutes

Source: Ipswich City Council meeting minutes (CC BY 4.0).