FINAL MINUTES - Mackay Council · In the past, natural shade (e.g. trees) was the most common form...

FINAL MINUTES

2 April 2014

FINAL MINUTES WEDNESDAY 2 APRIL 2014

MIN/02.04.2014 FOLIO 32234

Table of Contents

Folio Date Particulars

32234 02.04.2014 Ordinary Meeting Minutes

32260 09.03.2014 Community & Client Services Monthly Review 1 February to

9 March 2014

32315 02.04.2014 Policy 070 - Shade for Playgrounds

32319 02.04.2014 Policy 069 - Organised Activities - General Conditions of Use

32322 14.02.2014 Minutes - Character & Heritage Advisory Committee

Under separate cover 02.04.2014 Disability Discrimination Act Audit of West

Mackay

Declaration of Potential Conflict of Interest

Items 12.1 & 12.2 - Cr David Perkins


MIN/02.04.2014 FOLIO 32235

ORDINARY MEETING

MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J

Bonanno, L G Bonaventura, F A Gilbert, A N Jones, T A Morgan, D J Perkins, P F

Steindl, and R D Walker were in attendance at the commencement of the meeting.

Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute

Secretary).

The meeting commenced at 10.14 am.

2. OPENING PRAYER:

Rev Jan Whyte led those present in Prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Cr G J Martin

5. CONDOLENCES:

Condolences were expressed on the passing of Father Peter Doyle of Marian.


MIN/02.04.2014 FOLIO 32236

6. CONFIRMATION OF MINUTES:

6.1 ORDINARY MEETING MINUTES 26 MARCH 2014

THAT the Ordinary Meeting Minutes held on 26 March 2014 be

confirmed.

Moved Cr Gilbert Seconded Cr Casey

CARRIED

7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. MAYORAL MINUTES:

Nil

9. CORRESPONDENCE AND OFFICERS’ REPORTS:

9.1 DISABILITY DISCRIMINATION ACT AUDIT OF WEST MACKAY

File No Disability Discrimination Act Audit of WEST MACKAY

Author Manager Technical Services

Purpose

To present to Council for adoption the results of the access audit undertaken in the

West Mackay area as a deliverable from the Disability Discrimination Act Action Plan

and seek approval of prioritised works programs as funding is available in the Capital

Works Program.

Background/Discussion

As part of the December 2009 DDA Action Plan a deliverable action was to undertake

DDA Audits of the commercial areas to generate non-compliance and future works

program. Areas previously undertaken have previously been reported to Council with

audit priorities.

Disability Discrimination Law places a legal obligation on designers, owners and

operators of all public spaces to ensure that access is not conditional on a person's

ability. Mackay Regional Council as part of its obligations has previously completed a


MIN/02.04.2014 FOLIO 32237

range of audits and assessments and has recently undertaken an audit of the West

Mackay area so it can determine potential issues, rectification actions and to allow

planning through a number of budgetary cycles for ongoing upgrades to this

infrastructure.

The audit involved detailed field inspections and repainting of the existing pedestrian

infrastructure within the commercial district boundaries which based requirements on

compliance with the Manual of Uniform Traffic Control Devices (MUTCD), the DDA

Act 1992 and Australian Standards AS1742 and AS1428.

Physical inspections and measurements were taken covering all features nominated

within the extent of the assessment criteria to enable a continuous accessible path of

travel. Information was collected and assessed against the relevant standards and

presented in a report for Council including a prioritised and costed list of major issues

to be addressed. A copy of the audit reports have been made available to Councillors

for information.

A series of recommendations have been presented in the reports indicating priority

areas to be addressed. These are summarised as follows:

Vehicle crossovers to be adjusted/ reconstructed to maintain access ways

Footpath Surfaces - Review standard treatments and address displaced and

damaged surfaces

Pit covers and Drains - Arrange modification to current standards

Long term footpath and road construction issues to address road and footpath

crossfalls at intersections

Kerb ramps and pedestrian crossing to be modified

Public seating review for spacing and compliance

Street lighting upgrades to address pedestrian standards

Budget estimates for the required works have been provided for identified works on a

priority basis ranging from immediate (urgent) to a more preferred range of actions

over a period of 2 to 15 years. The works are estimated to cost a total of $3.717

million.

The capital works program has provided for allocations to commence these adjustments

from 2012-13 onwards. Dependent on approved capital allocations it would be the

intention to prioritise works based on the priority included in the DDA Audit. The

allocation in the 2013-14 capital works program is $300,000 with similar allocations

provided in subsequent years.

Consultation and Communication

Director Engineering and Commercial Infrastructure

Manager Technical Services

Landscape Architect

Equitable Access Advisory Committee


MIN/02.04.2014 FOLIO 32238

Resource Implications

Future foreshadowed Capital Works allocations to address the identified issues.

Risk Management Implications

The Audit has identified and prioritised major risk issues associated with DDA Act

compliance in the streetscape area of the West Mackay Area. Undertaking the Audit

and putting in place future works programs ensures that Council's exposure to risk is

being addressed.

Conclusion

As a deliverable from the DDA Action plan the Audit identifies shortfalls in the West

Mackay area in relation to compliance with the DDA Act, MUTCD and AS1428. An

identified priority list of works has been provided which, subject to the adoption of the

audit, it is proposed to address via annual capital works allocation.

Officer's Recommendation

THAT Council adopt the West Mackay area DDA Audit Project and its identified

priorities and endorse the progressive action on these priorities when developing

future annual capital works allocations.

FURTHER THAT Council endorse the implementation of the priority actions

when funding becomes available through these annual capital works allocations.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Casey

CARRIED

9.2 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW 1

FEBRUARY TO 9 MARCH 2014

Author Director Community and Client Services

Purpose

Attached is a copy of the Community and Client Services Monthly Review for 1

February – 9 March 2014 for information purposes.


MIN/02.04.2014 FOLIO 32239


THAT the Community and Client Services Monthly Review covering the period

1 February – 9 March 2014 be received.

Council Resolution


Moved Cr Bonanno Seconded Cr Jones

CARRIED

9.3 DRAFT POLICY 070 - SHADE FOR PLAYGROUNDS

File No Draft policy 070 – Shade for Playgrounds

Author Manager Parks and Environment

Purpose

To present to Council for consideration and endorsement, draft policy 070 – Shade for

Playgrounds.


Mackay Regional Council provides a range of parks, community facilities and events

and has a responsibility to ensure that those facilities and events are utilised by the

community in a safe manner.

Skin cancer is the most common form of cancer in Australia, with 80 per cent of all

cancers diagnosed in Australia being skin cancer. Queensland has the highest rate of

skin cancer in the world. More than 430,000 Australians are treated a year for skin

cancers. Each year there are around 1600 deaths from melanoma and non-melanoma

skin cancer.

Thankfully, almost all of these cancers are preventable and Council is determined to

ensure that we play our part in ensuring the safety of our community. The major cause

of skin cancer is too much exposure to ultraviolet (UV) radiation from the sun.

In Mackay’s tropical climate skin can burn in as little as 15 minutes so it is important to

provide opportunities for residents to protect their skin from UV radiation.

In the past, natural shade (e.g. trees) was the most common form of shade for most

playgrounds, however, many had no shade at all. While natural shade is the best option,

it is difficult to provide in playgrounds where mature trees do not already exist. Tree

loss due to cyclones, storms, disease and natural attrition has reduced shade levels at

many playgrounds which used to have good natural shade. Faced with the need to


MIN/02.04.2014 FOLIO 32240

provide shade to playgrounds, the next best option is for built shade; this comes in

many forms including solid roof structures and shade sail structures.

While shade sails have become popular and can provide a very colourful addition to a

playground they are the least effective material for protection from UVR. They do not

provide protection from reflected UVR anywhere near as well as natural shade or solid

roofs. They have a short life span, are susceptible to vandalism and are highly

maintenance intensive.

Solid roofed structures provide a much higher level of sun protection, do not need to be

removed and replaced when the wind exceeds 35 knots, are much more resistant to

vandalism, have a much longer life span and require far less maintenance. They also

provide a greater degree of protection to the play equipment and soft fall under them

which results in a much lower maintenance requirement and longer life span for these

items.

For the above reasons, solid roofed structures are recommended for shade provision

over playgrounds in Mackay. The draft policy reflects the intent of this

recommendation.


Consultation has taken place with the Coordinator Building Services, the Director

Engineering Services, and with reference to the Shade Policy and Guidelines for Local

Government.


Costings for implementation of the Playgrounds Shade Master Plan as referenced in the

policy will need to be listed in Council’s 20 year long term financial forecast. Council

will have the option of reducing currently listed projects in the 20 year plan to fund the

implementation program or increase the overall funding level. Funding for replacement

of the existing shade sail structures will also need to be effected in the same manner.


Implementation of the above policy will reduce Council’s exposure to litigation claims

for skin damage and provide protection for people using these facilities which are

mainly young children.

Conclusion

For the provision of shade over playground facilities, solid roofed structures provide a

much higher level of sun protection, do not need to be removed and replaced when the

wind exceeds 35 knots, are much more resistant to vandalism, have a much longer life

span and require far less maintenance. They also provide a greater degree of protection

to the play equipment and soft fall under them which results in a much lower

maintenance requirement and longer life span for these items.


MIN/02.04.2014 FOLIO 32241

For the above reasons, solid roofed structures are recommended for shade provision

over playgrounds in Mackay. The draft policy reflects the intent of this

recommendation.


THAT Council Adopts Policy 070 – Shade for Playgrounds.

Council Resolution


Moved Cr Morgan Seconded Cr Steindl

CARRIED

9.4 DRAFT POLICY 069 - ORGANISED ACTIVITIES - GENERAL

CONDITIONS OF USE

File No Draft policy 069 – Organised Activities – General Conditions of Use

Author Manager Parks and Environment

Purpose

To present to Council for consideration and endorsement, draft policy 069 – Organised

Activities – General Conditions of Use.


The purpose of this policy is to provide guidelines for the use of parks and reserves

when those uses are organised uses for community and commercial purposes.

The Mackay region typically has a climate which is conducive to outdoor recreational

activities and Council provides a range of park and community facilities for the use and

enjoyment of the general public.

Certain facilities such as those in the Mackay Regional Botanic Gardens and

Greenmount Homestead can be booked for exclusive use. However the parks/reserves

and associated facilities to which this draft policy applies are designed to be multi use

for which no exclusive bookings can generally be made for private wedding receptions

and sporting/business functions.

The above draft policy also sets out the requirements under which activities are

permitted to operate in parks and reserves to ensure that no damage to parks and

reserves and associated facilities or undue nuisance is caused during or following the

activity or event.


MIN/02.04.2014 FOLIO 32242


Consultation has taken place with the Parks and Environment Coordinators.

Supervisors, and Administration Officers.


Policy implementation will require no additional resources above current level of

service.


The draft policy will provide guidelines for the use of parks and reserves when those

uses are organised uses for community and commercial purposes. The guidelines

provide opportunities for a consistent approach to actioning park use approvals.

Consistency in the application of guidelines is considered to be part of good risk

management practices.

Conclusion

The Mackay region typically has a climate which is conducive to outdoor recreational

activities and Council provides a range of park and community facilities for the use and

enjoyment of the general public.

The draft policy sets out the requirements under which activities are permitted to

operate to ensure that no damage to parks and reserves and associated facilities or

undue nuisance is caused during or following the activity or event.


THAT Council Adopts Policy 069 - Organised Activities – General Conditions of

Use.

Council Resolution


Moved Cr Morgan Seconded Cr Bonaventura

CARRIED


MIN/02.04.2014 FOLIO 32243

10. CONSIDERATION OF COMMITTEE REPORTS:

10.1 DRAFT MINUTES CHARACTER & HERITAGE ADVISORY

COMMITTEE - 14 FEBRUARY 2014

Author Strategic Planner - Local Area Planning

Purpose

Attached is the draft minutes of the Character and Heritage Advisory Committee

meeting held on 14 February 2014, for information purposes and consideration of

recommendations.


THAT the Character and Heritage Advisory Committee minutes for 14 February

2014, be received.

Council Resolution


Moved Cr Perkins Seconded Cr Bonanno

CARRIED

11. RECEIPT OF PETITIONS:

Nil


MIN/02.04.2014 FOLIO 32244

12. TENDERS:

Cr Perkins declared a real conflict of interest (as per section 173 of the Local

Government Act 2009) in Item 12.1 due to owning property in the CBD and left the

room at 10.33 am, taking no part in the debate or decision of the meeting.

Voting then recorded as per usual.

12.1 MRC 2014-033 REQUEST FOR EXPRESSIONS OF INTEREST

(REOI) - CENTRAL BUSINESS DISTRICT (CBD)

REVITALISATION PROJECT

File No MRC 2014-033 - Request for Expressions of Interest (REOI) – Central

Business District (CBD) Revitalisation Project

Author Director Engineering & Commercial Infrastructure

Purpose

To present to Council for approval the recommended shortlisted responses to MRC

2014-033 Request for Expressions of Interest (REOI) for the CBD Revitalisation

Project with the intention of inviting tenders from that shortlist.


The $17.6 million CBD Revitalisation Project is jointly funded by Council and grant

funding through the Department of Regional Australia, Local Government, Arts and

Sport, Regional Development Australia Fund.

The Project includes the refurbishment of both sides of Victoria and Wood Streets

along with the historic Pioneer Shire Council Building and adjoining parkland. High

quality pavements, new street lighting, street furniture, trees and greenery, public

artworks, and a new public space to complement the heritage listed Pioneer Shire

Council Building are planned.

The issuing of the Expression of Interest prior to proceeding with Requests to Tender,

is considered ‘best practice’ in large-scale capital works and complex projects for a

number of key reasons. The key reasons are that the tenderers have more opportunity to

understand the Project, the stakeholders and its desired outcomes. From the Principal’s

point of view, Council has the opportunity to select a shortlist of suitably qualified and

competent Contractors, before seeking detailed pricing from these Contractors.

During this time, Council has the best opportunity to assess all the possible ‘risks’ to

the Project’s success, and take considered steps to mitigate these risks through design

modifications, changes to construction details and methodology, value engineering and

negotiated positions on Principal supplied components within the contract - resulting in

less contractual surprises post-award.


MIN/02.04.2014 FOLIO 32245

At Council's meeting of 6 November 2013, it was resolved that in accordance with

section 228 (3) a - b of the Local Government Regulation 2012, that Expressions of

Interest be invited for the CBD Revitalisation Project.

Expressions of interest were invited on 18 January 2014, via Council’s website and

advertised locally in the Daily Mercury seeking responses from experienced and

capable Contractors for the delivery of the CBD Revitalisation Project with the

intention of shortlisting responses and inviting tenders from that shortlist.

The following responses were received by the closing time of 10.00am on 11 February

2014:

1. BMD Urban Pty Ltd

2. Doval Constructions (Qld) Pty Ltd

3. Epoca Constructions Pty Ltd

4. FK Gardner and Sons Pty Ltd

5. Georgiou Group Pty Ltd

6. Help Enterprises

7. Probuild Civil Pty Ltd

8. Quality Management and Construction Qld Pty Ltd

9. Shadforth Civil Pty Ltd

10. Shamrock Civil Engineering Pty Ltd

11. Vassallo Construction Pty Ltd

12. Winslow Constructors Pty Ltd

An initial compliance check was conducted to identify submissions that were non-

conforming with the immediate requirements of the Request for Expression of Interest.

This included provision of requested information.

At this time it was identified that Help Enterprises is a supplier of bin enclosures only

and was therefore deemed non-conforming. All other submissions were progressed

through to the Qualitative Criteria Assessment on the basis that all terms, conditions

and mandatory requirements of the REOI had been met.

During the Evaluation, respondents were assessed against the Qualitative Criteria

identified in the REOI. The Qualitative Criterion was:

a) Corporate structure and financial capacity

b) Capability

c) Resources

d) Experience

e) Management systems and training

f) Local Business and Industry

The Qualitative Criteria Assessment was carried out by the Evaluation Panel during a

number of meetings held over a number of weeks between the periods 24 February and

14 March 2014 with the Evaluation Panel scoring the responses according to the

Evaluation Matrix.


MIN/02.04.2014 FOLIO 32246

During the assessment of responses the Evaluation Panel focussed on the ability of the

respondents and nominated subcontractors' demonstrated capacity and experience,

including the requested nominated key personnel to undertake and perform the works.

Additionally a detailed review was undertaken of previous projects nominated and their

relevance to the CBD Revitalisation Project in terms of scope and need for high levels

of engagement with a large number of stakeholders

At the completion of the Evaluation the panel agreed that the following be shortlisted,

in no particular order, with the intention of inviting tenders from those Contractors, in

accordance with Section 228 (6) a-b of the Local Government Regulation 2012.

BMD Urban Pty Ltd

FK Gardner and Sons Pty Ltd

Shamrock Civil Engineering Pty Ltd

Vassallo Construction Pty Ltd

The Evaluation of the Expressions of Interest was conducted by:

Manager Civil Projects

Project Manager – CBD Revitalisation Project

Manager Procurement and Plant


Consultation was conducted with the following stakeholders in relation to the Project

and specifically the Civil works component prior to the REOI being released. The key

stakeholders consulted were as follows:

Councillors and SLPT

CBD Project Governance Group – membership includes the Mayor,

Councillors, CEO and Directors.

CBD Project Delivery Group – membership includes key Council staff with

involvement in the Project


The budget of $17.6 million for the CBD Project has been set by Council and sits

within the 2013/2014 capital budget; however, the majority of the expenditure is

forecast to occur in 2014/2015. As the REOI process is based on a qualitative

assessment there is no pricing considered. The next phase of the Project is to ask the

endorsed shortlist to tender the Project where pricing will be provided and considered

as part of the final award process.


Given the value and number of stakeholders involved within the Project, it was decided

to undertake a detailed Risk Management Workshop. On 4 February, an Internal Risk

Workshop was facilitated by an external consultant, in which inputs were provided by

22 staff members from the MRC Project Delivery Group, after which a significant


MIN/02.04.2014 FOLIO 32247

number of risk elements were identified. Subsequently the identified risks were

compiled and rationalised into a Preliminary Risk Profile.

This risk profile has since been analysed, following another substantial Internal Risk

Analysis Workshop, by Risk Modelling software @Risk.

The final Report regarding the risk analysis and review of cost estimate is expected to

be finalised by Friday, 29 March, 2014.

The final risk Report will be used as the basis to undertake Individual Risk Workshops

with each of the shortlisted contractors from the REOI process to further look to

mitigate risks to the Project once awarded.

Conclusion

That the listing of the shortlisted respondents with the intention of inviting tenders for

the delivery of the Central Business District (CBD) Revitalisation Project provides the

most advantageous outcome to Mackay Regional Council based on their demonstrated

understanding of Council’s requirements and their previous experience in similar

projects.


THAT Council approves the shortlisted respondents listed below for MRC 2014-

033 - Request for Expressions of Interest (REOI) – Central Business District

(CBD) Revitalisation Project with the intention of inviting tenders from that

shortlist:

BMD Urban Pty Ltd

FK Gardner and Sons Pty Ltd

Shamrock Civil Engineering Pty Ltd

Vassallo Construction Pty Ltd

Council Resolution


Moved Cr Bonanno Seconded Cr Steindl

CARRIED

10.35 am - Cr Perkins returned to the Meeting Chamber.


MIN/02.04.2014 FOLIO 32248

Cr Perkins declared that a perceived conflict of interest in Item 12.2 could exist (as

per section 173 of the Local Government Act 2009), due to owning property in the CBD

but that he had considered his position and was firmly of the opinion he could

participate in debate and vote on this matter in the public interest.

Voting then recorded as per usual.

12.2 MRC 2014-035 OLD PIONEER SHIRE COUNCIL - BUILDING

WORKS

File No MRC 2014-035 Old Pioneer Shire Council – Building Works

Author Director Engineering & Commercial Infrastructure

Purpose

To present to Council for approval, tenders submitted for MRC 2014-035 Old Pioneer

Shire Council – Building Works.


The original 1935 Pioneer Shire Council building, which fronts Wood Street, is a

heritage-listed building and is part of Council’s $17.6 million City Centre re-

development.

The heritage-listed facade of this building will be restored to its former state and the

non-heritage-listed buildings at the rear and side are to be demolished.

Jointly funded by Mackay Regional Council and the Federal Government through the

Regional Development Australia Fund, the CBD Revitalisation Project is designed to

reactivate the precinct by providing functional spaces for people to use the asset to its

full potential.

Mackay Regional Council (Council) issued tender documents seeking submissions

from suitably experienced and resourced licensed building contractors to undertake

restoration and demolition of a portion of the former Pioneer Shire Council building

located in Wood Street, Mackay.

Tenders were invited on 1 February 2014, via Council’s website and advertised locally

in the Daily Mercury.

The following submissions were received by the closing time of 10.00am on 25

February 2014:

a) GW & JL Fergus Pty Ltd Trading as Fergus Builders

b) G & G Markwell Pty Ltd

c) Mark Quinn Building Pty Ltd

d) Tantallon Constructions Pty Ltd


MIN/02.04.2014 FOLIO 32249

e) WHF Group Pty Ltd

f) T.F Woollam & Son Pty Ltd Trading as Woollam Constructions

g) Zined Pty Ltd

An initial compliance check was conducted on 27 February 2014 to identify

submissions that were non-conforming with the immediate requirements of the Request

for Tender (RFT). This included compliance with contractual requirements and

provision of requested information.

G & G Markwell Pty Ltd submission was deemed non-conforming as they had not

allowed to perform the entire scope of works as requested in the RFT.

All other submissions were progressed through to the Qualitative Criteria Assessment

on the basis that all terms and conditions and mandatory requirements of the RFT had

been met.

During the Evaluation, tenderers were assessed against the nominated Qualitative

Criteria. The weighting attributed to each Qualitative Criterion was:

a) Relevant Experience 25%

b) Key Personnel Skills and Experience 30%

c) Tenderers’ Resources 15%

d) Demonstrated Understanding 20%

e) Local Content 10%

The tendered lump sum prices, excluding GST, are listed below:

Zined Pty Ltd $488,897.97

T.F Woollam & Son Pty Ltd Trading as Woollam

Constructions $583,738.00

Tantallon Constructions Pty Ltd $749,347.00

Mark Quinn Building Pty Ltd $784,947.74

GW & JL Fergus Pty Ltd Trading as Fergus Builders $844,315.54

WHF Group Pty Ltd $917,938.00

The Qualitative Criteria Assessment was carried out by the Evaluation Panel on 3

March 2014 with the Evaluation Panel scoring the tenders according to the Evaluation

Matrix.

All applicants were assessed against the Qualitative Selection Criteria. Specific criteria

were weighted according to their importance as agreed by the Evaluation Panel.

Relative weightings were published within the RFT.

A Tender Information Request (TIR) was issued to Zined Pty Ltd on 6 March 2014

seeking clarifications in relation to pricing contained in their submission and previous

experience with heritage listed structures. The Evaluation Panel conducted a final

review of the submission and response to the TIR on 10 March 2014.

Zined Pty Ltd was able to provide additional details pertaining to their relevant

experience including similar projects, including heritage listed structures. They


MIN/02.04.2014 FOLIO 32250

provided a comprehensive demonstration relating to the undertaking of the works and

provided a detailed understanding of Council’s requirements.

The evaluation of the tender was conducted by:

Technical Officer - Property Services

Project Manager - Engineering & Commercial Infrastructure

Contracts Co-Ordinator - Procurement and Plant


Consultation was conducted with the following stakeholders in relation to the Project

and specifically the Pioneer Shire Building works prior to the Request for Tender being

released. The key stakeholders consulted were as follows:

Councillors and SLPT

CBD Project Governance Group – membership includes the Mayor,

Councillors, CEO and Directors.

CBD Project Delivery Group – Membership includes key Council staff

Property Services


MRC 2014-035

Old Pioneer Shire Council – Building Works

Expenses

Description Amount Notes

Expenditure to

Date 0.00

Any Costs to Date Included in Overall Project

Management Charges

Commitments 0.00 Nil

Contract Price 488,898.00 Zined Pty Ltd Contract Price

Risk Allowance 73,355.00 Estimated at 15% of CV (Contract Value)

TOTAL 562,253.00

Budget

Description Amount Notes

Total Budget 650,000 Allocated Portion within Overall Budget

BALANCE (87,747) Forecast Savings against Budget Estimate


MIN/02.04.2014 FOLIO 32251


Risks associated with this component of the overall works were identified as part of the

workshops and risk analysis done for the main City Centre Revitalisation Project. These

risks have been quantified at approximately 15% of the contract value. Due to the

relatively low value of the Project, short programme and simple scope, it is anticipated

the risk allowance outlined above will be sufficient to cover the identified potential

risks.

Conclusion

That awarding the contract to Zined Pty Ltd represents the most advantageous outcome

and demonstrated value for money to Mackay Regional Council based on their

demonstrated understanding of Council’s requirements and their previous experience in

similar projects.


THAT Council award contract MRC 2014-035 Old Pioneer Shire Council –

Building Works to Zined Pty Ltd for the lump sum price of $488,897.97

(Excluding .GST)

Council Resolution


Moved Cr Bonanno Seconded Cr Morgan

CARRIED

Cr Perkins voted for the Motion.

12.3 TENDER: LEASE OF LAGOONS CAFE AND GALLERY

File No MRC 2014-053 Lease of Lagoons Café – Botanical Gardens

Author Manager Property Services

Purpose

To present to Council for approval, tender submitted for MRC 2014-053 Lease of

Lagoon’s Café – Botanic Gardens.


Mackay Regional Council sought submissions for the lease of Lagoons Café and

Gallery – Botanical Gardens within Lot 1 on SP170019.


MIN/02.04.2014 FOLIO 32252

The successful tenderer shall be required to enter into a lease agreement with Council

for an initial twelve (12) month period with two options of a further two (2) years each,

totalling a possible five (5) years.

Tenders were invited on the 8th

February 2014, via Council’s website and advertised

locally in the Daily Mercury.

The following submission was received by the closing time of 10.00am on Tuesday 4th

March 2014:

Three Hats Catering of Mackay

An initial compliance check was conducted on the 5th

March 2014 to identify that the

submission was conforming to the immediate requirements of the RFT. This included

compliance with contractual requirements and provision of requested information.

A Tender Information Request was issued to Three Hats Catering on the 5th

March

2014 seeking additional supporting documentation relating to their financial capacity.

The TIR response was received within the required timeframe and reviewed by the

panel.

Council officers met with the respondent on the 10th

March 2014 to further discuss

details contained in their submission. A site visit was organised to allow the respondent

the opportunity to fully investigate the café dimensions and inclusions.

A further TIR was issued on the 12th

March 2014 requesting current financial

information, an indication of the proposed draft menu and information pertaining to the

monthly lease fee offer. The respondent provided:

A draft menu for review

Current financial details

Attended site on Monday 17th

March 2014 and

Proposed a fixed monthly lease payment of $4,333.00 (excluding GST)

All items had been clarified and the response was reviewed by the panel.

The submission was then progressed through to the qualitative criteria assessment on

the basis that all terms and conditions and mandatory requirements of the RFT had been

met.

The applicant was assessed against the qualitative selection criteria. Specific criteria

were weighted according to their importance as perceived and agreed by the evaluation

panel. Relative weightings were published within the RFT.

The weighting attributed to each qualitative criterion was:

a) Financial Capacity 45%

b) Respondents Experience 25%

c) Demonstrated Use of Premise 20%


MIN/02.04.2014 FOLIO 32253

d) Local Content 10%

The qualitative criteria assessment was carried out by the Evaluation Panel on the 17th

March 2014, with the Evaluation Panel scoring the tender according to the evaluation

matrix.

The evaluation of the tenders was conducted by:

Property Coordination Officer Property Services

Asset & Lease Officer Property Services

Contracts Officer Procurement and Plant


Consultation was conducted between representatives of the Property Services, Parks &

Environment and Procurement & Plant programs prior to the Request for Tender being

released.


Rental income has been determined and accepted (12 months at $4,333.00 per month =

$51,996.00) with all fees and charges in respect to preparation and registration of the

lease being payable by the Lessee.

The monthly set fee amount will provide an enhanced process of accounting and

monitoring.


Both the community and Council would greatly benefit from seeing the Lagoons Café

being utilised to its full potential, with the capacity to cater for dining and hold

functions.

Conclusion

That awarding the contract to Three Hats Catering represents the most advantageous

outcome through provision of service and demonstrated value for money to Mackay

Regional Council.


MIN/02.04.2014 FOLIO 32254


THAT Council award contract MRC 2014-053 Lease of Lagoon’s Café – Botanic

Gardens to Three Hats Catering for the monthly rental payable to Mackay

regional Council of $4,333.00 (excluding GST).

Council Resolution


Moved Cr Steindl Seconded Cr Morgan

CARRIED

13. CONSIDERATION OF NOTIFIED MOTIONS

Nil

14. LATE BUSINESS:

14.1 CERTIFICATE OF SERVICE

The Mayor presented to Crs Kevin Casey and David Perkins their Certificate of Service

and gift for 10 years of service in Local Government.

Cr Bonaventura congratulated, on behalf of all the new Councillors, both Cr Casey and

Perkins on reaching their 10 years of service in Local Government. In particular he

thanked them both for all their assistance and guidance to the newly elected

Councillors.

14.2 PCYC - "TIME FOR KIDS"

Cr Bonanno advised that he along with Crs Gilbert and Jones will be locked up as part

of this year's PCYC "Time for Kids" fundraising event on Saturday 5 April 2014 at

Caneland Shopping Centre and need to raise $1,000 each to be released. If you wish to

contribute, please contact any of the three Councillors or visit Caneland on Saturday

morning.

14.3 NORTH QLD SPORTS GALA EVENT

Cr Steindl advised that over 3,500 athletes will take part in the North Queensland

Sports gala event this week in Townsville and he wished all of the Mackay athletes

taking part well.


MIN/02.04.2014 FOLIO 32255

15. PUBLIC PARTICIPATION:

Nil

16. CONFIDENTIAL REPORTS:

16.1 SALE OF COUNCIL OWNED LAND - VARIOUS LOCATIONS

Confidential

Council Recommendation

THAT Council:-

A. Approve the amalgamation of Lots 1-7, 9-17, 20-25, 31-35, 47-69 on

RP704507 and Lot 1 on RP735516 Grasstree Beach Road, Grasstree

Beach into one parcel of land and then be returned to Council following

further strategic consideration of uses of the land.

B: Approve the sale of Freehold Land mentioned in this report by utilising

a combined process of Tender through Council’s Procurement & Plant

Program and appointment of Elders Real Estate to first Auction and then

individually sell remaining parcels of land.

C: That the properties listed as requiring Community Consultation prior to

selling are returned to Council for consideration following the

conclusion of the consultation process.

D: Approve that the Chief Executive Officer be delegated to execute all

associated sale contracts on behalf of Council.

E: Any sale of land proceeds will be dedicated to a strategic land reserve.

Moved Cr Casey Seconded Cr Steindl

CARRIED

17. MEETING CLOSURE

The meeting closed at 10.46 am.


MIN/02.04.2014 FOLIO 32256

18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 17.03.14 TO

23.03.14

For Council Information Only - No Decision Required.

Development Application Received

App no Code / Impact

Address Applicant Description Officer

CON-2014-41

78 Melba Street, ARMSTRONG BEACH

Mackay and Whitsunday Building Certification

Building Work - Boundary Setback and Oversize Residential Storage Shed

Helle Jorgensen Smith

MCUC-2010-326

Code 82 Smalleys Beach Road, CAPE HILLSBOROUGH

Graham J Sunderland

Request for Permissible Change - Change of Conditions - Dual Occupancy

Julie Brook

MCUC-2014-38

Code 12 Patch Street, SARINA

Rock Solid Sheds Pty Ltd

Material Change of Use - Warehouse

Josephine McCann

MCUC-2014-60

Code 39 Dolphin Drive, BUCASIA

Michelle E Spannagle

Home Based Business (Personal Training)


MCUC-2014-61

Code 4 Blue Gum Drive, GLENELLA

Totalspan Mackay

Residential Storage Shed >85m2 Andrea McPherson

MCUC-2014-62

Code 2 Hinkler Court, RURAL VIEW

Murphy Homes QLD Pty Ltd

Dual Occupancy Josephine McCann

MCUC-2014-64

Code 2 Amy Place, RICHMOND

Steven M Phillis Residential Storage Shed Helle Jorgensen Smith

MCUCD-2007-579

Code 1 Matsen Street, BAKERS CREEK

Schweitzer Investments Pty Ltd

Extension of Relevant Period and Change to Development Approval - Material Change of Use - Motel (83 single key units and 10 dual key units - 103 Motel Units in total in three (3) Stages)

Brogan Jones

ROLC-2014-37

Code 63 Sarina Beach Road, SARINA

Cardno (QLD) Pty Ltd

1 Urban Residential Lot into 2 Lots (Sarina)

Julie Brook

Development Application Entering Decision Making Period

App Number

Code / Impact

Address Applicant Description Primary Officer

MCUC-2010-326A

Code 82 Smalleys Beach Road CAPE HILLSBOROUGH

Graham J Sunderland

Request for Permissible Change - Change of Conditions - Dual Occupancy

Julie Brook

MCUC-2014-16

Code 23827 Peak Downs Highway ETON

Kilby Contracting Pty Ltd

Rural Industry (Servicing Rural Plant and Equipment)

Kathryn Goodman

MCUC-2014-30

Code 20 Hume Street WEST MACKAY

Beverley R Kunst

Material Change of Use - Multiple Dwelling Units (3)

Darryl Bibay

MCUC-2014-36

Code 52 Superior Boulevard ANDERGROVE


Material Change of Use - Dual Occupancy

Darryl Bibay

MCUC-2014-38

Code 12 Patch Street SARINA

Rock Solid Sheds Pty Ltd

Material Change of Use - Warehouse

Josephine McCann

MCUC-2014-41




Darryl Bibay

MCUC-2014-45




Darryl Bibay


MIN/02.04.2014 FOLIO 32257

App Number

Code / Impact

Address Applicant Description Primary Officer

MCUCD-2007-579A

Code 1 Matsen Street BAKERS CREEK

Schweitzer Investments Pty Ltd

Extension of Relevant Period and Change to Development Approval - Material Change of Use - Motel (83 single key units and 10 dual key units - 103 Motel Units in total in three (3) Stages)

Brogan Jones

ROLC-2013-277

Code 33 Chataway Street WEST MACKAY

Ben Murray Reconfiguration of a Lot - 1 Urban Residential Lot into 2 Lots

Brogan Jones

ROLC-2014-31

Code 352 Cowleys Road TE KOWAI

Charles N J Townley and Therese C Townley

Reconfiguration of a Lot (Boundary Realignment) - 2 Rural Lots into 2 Lots

Brogan Jones

Development Application Finalised

App No Code / Impact

Location Applicant Description Officer

Approved Subject to Conditions

CAC-ASPA-2014/10

Code 18 Maryvale Circuit BEACONSFIELD QLD 4740

Cardno HRP 1 Urban Expansion Lot into 2 Lots and Operational Works

Julie Brook

CON-ASPA-2014/37

29 Ness Street WEST MACKAY QLD 4740

Paul J Wright Building Work - Boundary Setback for Carport


CON-ASPA-2014/38

31 Sydney Street MACKAY QLD 4740

Whitsunday Surveys

Building Work - Removal of Building

Josephine McCann

MCUC-ASPA-2010/51A

Code 37 Meadow Street NORTH MACKAY QLD 4740

Rockhampton Building Approvals

Request for Change of Conditions- Dual Occupancy

Julie Brook

MCUC-ASPA-2012/126A

Code 462 Bridge Road WEST MACKAY QLD 4740

Lelewai Property Projects Pty Ltd

Request to Change Development Approval - Material Change of Use - Multiple Dwelling Units (7)

Brogan Jones

MCUC-ASPA-2014/32

Code 62 Admiral Drive DOLPHIN HEADS QLD 4740

Graham R Smith Extension to Dwelling House (Steep Land Overlay)


MCUC-ASPA-2014/34

Code 59 Caroval Drive RURAL VIEW QLD 4740



Darryl Bibay

MCUC-ASPA-2014/39

Code 11 Hinkler Court RURAL VIEW QLD 4740



Brogan Jones

MCUC-ASPA-2014/42

Code 25-29 Caterpillar Drive PAGET QLD 4740

Crane Logistics Pty Ltd

Material Change of Use - General Industry (Machinery Hire)

Brogan Jones

MCUC-ASPA-2014/57

Code 65 McColl Street WALKERSTON QLD 4751

Peter A Buchbach

Dwelling House (Flood and Inundation Overlay)


RECONF-IDAS-2006/497E

L 2 Bruce Highway PAGET QLD 4740

FKP Mackay Turf Farm No 1 Pty Ltd

Request to Extend Currency Period - Reconfiguration of 2 lots to create 59 industrial lots - Industroplex Estate Stages 5-8

Matthew Ingram

ROLC-ASPA-2013/407

Code 35 McMahon Street ANDERGROVE QLD 4740

Yvonne E Ford 1 Rural Lot into 3 Lots Andrea McPherson

ROLC-ASPA-2014/33

Code 6 Island Close SHOAL POINT QLD 4750

Nilminie De Silva 1 Urban Residential Lot into 3 Lots

Darryl Bibay

ROLC-ASPA-2014/50

Code L 1 River Street MACKAY QLD 4740

RPG Development No 3 Pty Ltd

Reconfiguration of 1 Lot into 3 Lots (Volumetric Lots)

Julie Brook

Application Withdrawn

CON-ASPA-2014/36

28 Kippen Street EAST MACKAY QLD 4740

Barbeler Homes Building Work - Boundary Setback for House

Josephine McCann


MIN/02.04.2014 FOLIO 32258

Confirmed on Wednesday 9 April 2014

………………………………………

MAYOR


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APPENDIX / ATTACHMENTS


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FINAL MINUTES - Mackay Council · In the past, natural shade (e.g. trees) was the most common form...

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