FINAL MINUTES - Mackay Council · Commercial details, insurances and quality assurance . FINAL MINUTES WEDNESDAY 4 AUGUST 2010 MIN/04.08.2010 FOLIO 12163 Respondents, and in particular,

FINAL MINUTES

4 August 2010

FINAL MINUTES WEDNESDAY 4 AUGUST 2010

MIN/04.08.2010 FOLIO 12155

Table of Contents

Folio Date Particulars 12156 04.08.10 Ordinary Meeting Minutes 12169 30.06.10 Engineering Services Highlights and Significant Issues Report 12183 25.06.10 Traffic Advisory Committee Minutes

Declaration of Potential Conflict of Interest

CR CAMILLERI (Item 12.1)


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ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs D T Comerford, P F Steindl, D J Perkins, D R Hatfield, D E Camilleri, G R Thomsen, K J Casey and K L May were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Ms D Jeffery (Minute Secretary). The meeting commenced at 10:04am.

2. OPENING PRAYER:

Reverend Anne Dittmar led those present in prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil.

4. APOLOGIES:

Cr Cameron.

5. CONDOLENCES:

Condolences were expressed at the passing of Warren Hart.

6. CONFIRMATION OF MINUTES:

6.1 ORDINARY MEETING MINUTES - 28 JULY 2010

THAT the Minutes of the Ordinary Meeting held on 28 July 2010 be confirmed.

Moved Cr Comerford Seconded Cr Hatfield

CARRIED


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7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. MAYORAL MINUTES:

Nil.

9. CORRESPONDENCE AND OFFICERS’ REPORTS:

9.1 PARK EXERCISE CLASS FEE REPORT

File No Parks General Author Manager Parks & Environment

Purpose

To seek approval for the inclusion of fees for the use of Parks by Commercial operators offering health and fitness training on a regular basis into the 2010 Fees and Charges Schedule.

Background/Discussion

The Parks and Environment Administration Officers have raised the issue of the number of enquiries from private operators wanting to book into Council parks to conduct paid training sessions with their members. In previous years there has been one operator conducting classes on a trail basis from John Breen Park. This operator has continued to conduct classes twice per week, and has grown in attendees to approximately 20 people per class twice a week. They also have utilised the car park area, which is not in agreement with their original temporary use approval. This operation should now be formalised as it is impacting upon the availability of the space and also upon the servicing of the park and adjacent toilet facilities. Informal applications have been made recently for exercise class providers to operate in a number of parks throughout the city on a regular basis. Most are wanting to have classes on a weekly basis with up to 30 participants at a time. Activities include stretching, jogging, dance, aerobics and other similar exercise activities.

Consultation and Communication

There has been a growing acceptance of the need to advise Parks and Environment on the use of parks by groups over recent years. This assists when maintaining parks or undertaking capital improvements to reduce potential conflicts with activities and construction. All persons enquiring on the use of Parks for large groups or activities are sent a Park Hire Agreement that details acceptable use of the parks for the activity. It also details the area of operation and the intended use, as well as gaining insurance details from the providers where necessary. The


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need to advise Council of these uses is promoted through the In Focus newsletter annually, and is also promoted on the Parks web page and through the Customer Service Centres.

Resource Implications/Risk Management

While the conducting of exercise classes is encouraged in the parks, these activities are operating as business ventures. There is ongoing disruption to normal maintenance activities at a number of locations including John Breen Park and Botanic Gardens that require modifications to maintenance schedules to avoid conflicts of use and maintenance activities. It is proposed that a charge of $25 per session for up to a 2 hours period. Also in order to ensure that the provider leaves the area in a satisfactory state an annual returnable bond of $250 apply. There are no resources required additional to existing infrastructure already provided in the parks. Inspection of exercise stations are conducted regularly by Parks Playground inspector as part of normal operational activities.

Conclusion

The increased use of the parks for formal activities requires regulation to ensure that the parks are available for all park users and therefore it is proposed that a fee is charged on groups offering exercise and formal activities on a pay as you use basis. This will be collected through the issuing of an invoice to the providers. A bond is also proposed to ensure that the providers are held accountable for the use of the area and that they follow the Hire of Park Agreement.

Officer Recommendation

THAT the fee of $25 per session (max 2 hour session) be added to the Fees and Charges 2010 Schedule. This fee includes GST. AND THAT a bond of $25 per annum be provided by each applicant which will then be reviewed annually as part of the fees and charges assessment process.

Council Resolution

THAT the report be withdrawn from the meeting. AND THAT the matter be presented to Council at the first meeting of September 2010.

Moved Cr May Seconded Cr Casey

CARRIED


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9.2 ENGINEERING SERVICES HIGHLIGHTS AND SIGNIFICANT ISSUES REPORT FOR THE MONTH OF JUNE 2010

Author Director Engineering Services

Purpose

The Engineering Services Highlights and Significant Issues Report, month ending June 2010, is attached for information purposes.


THAT the report be received. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr May

CARRIED

10. CONSIDERATION OF COMMITTEE REPORTS:

10.1 DRAFT TRAFFIC ADVISORY COMMITTEE REPORT - 25 JUNE 2010

File No Advisory, Regulated Parking and Bicycle Advisory Committee Author MANAGER TECHNICAL SERVICES

Purpose

The Draft Traffic Advisory Committee Report dated 25 June 2010 is attached for information purposes and consideration of recommendations by Council.


THAT the Draft Traffic Advisory Committee Report including actions be noted.

THAT a 60Km/h speed limit for Delachantos Road be referred to the Speed Limit Review Committee. THAT consultation be undertaken with the schools concerning a reduction in the times of the school zones.


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THAT Queensland Police Service be required to increase enforcement levels at school zones to address compliance issues. THAT a further assessment be undertaken after consultation with Schools. THAT a list, in priority order, be compiled to assess future installation of flashing lights at School Zones regarded as critical. THAT Council support a filtering trial at the Gordon Street/Wellington Street traffic signals and a report outlining the results be submitted back to the Traffic Advisory committee by Department of Transport and Main Roads at the conclusion of the trial. THAT the request to establish a taxi zone in front of Outback Jacks be not supported on the basis that it is only a short distance to the Wood Street taxi rank.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Perkins

CARRIED

11. RECEIPT OF PETITIONS:

Nil.

12. TENDERS:

Cr Camilleri declared a conflict of interest in respect to Item No. 12.1, and left the Council Chambers at 10:28am whilst the item was being discussed and a decision taken thereon.

12.1 MRC 2010-051 - PANEL OF PROVIDERS - PROVISION OF LEGAL SERVICES

File No MRC 2010-051 EOI Panel of Providers – Provision of Legal Services Author Chief Executive Officer

Purpose

To present to Council for approval tenders received in response for the MRC 2010-051 Panel of Providers – Provision of Legal Services.


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Background/Discussion

A report was ratified by Council on Wednesday 2 June 2010, recommending the issuing of a Request for Expressions of Interest (REOI) as per section 487 of the Local Government Act 1993, with the intention of forming a panel of providers of legal services. Expressions of Interest were invited on 5 June 2010, via Council’s website, Courier Mail and advertised locally in the Daily Mercury, requesting submissions from legal firms suitably experienced and resourced to provide legal services for a range of legal categories. The legal categories for which services were requested are: No Legal Service Category 1 Local Government Act and regulatory advice

interpretation and advice liability; and delegation and instruments of appointment.

2 Planning and Environment advice; compliance; interpretation; and appeals.

3 Contracts and Precedent project structuring; tender advice; tender evaluation; contract preparation; contract negotiation; and interpretation of obligations.

4 Litigation and Dispute Resolution (excluding debt collection) civil law; litigation; and representation of Council’s interests.

5 HR & OH&S employment law (EEO, unfair dismissal, harassment); workplace relations, ‘Work Choices’ and ‘Fair Work’; and occupational health and safety.

6 Property leases and agreements; purchases and sales; compulsory acquisitions; and easements.


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No Legal Service Category 7 General

business law, commercial and business strategies, corporations law and general commercial advice;

native title and cultural heritage; intellectual property, trademarks and copyright; trade practices law; and insurance and workers compensation.

The following submission was received by the closing date and time of 2.30pm, 29 June 2010.

Bell Legal Group Clayton Utz Cooper Grace Ward Lawyers Corrs Chambers Westgarth Dibbs Barker Gadens Lawyers Gilkerson Legal HerbertGeer King and Company Solicitors MacDonnells Law Marino Moller Lawyers McCullough Robertson Lawyers McDonald Phillips Lawyers McKays Solicitors Minter Ellison (Declined to offer) p&e Law Robert Nehmer McKee Lawyers Sajen Legal SB Wright, Wright and Condie Wilson/Ryan/Grose Lawyers

The Evaluation Panel conducted individual scoring against the advertised criteria with weighting attributed to each criterion. Criteria Compliance with REOI Task Application Resources Experience, qualifications and referees, including Key Personnel

Other Services, Management of Relationship and Conflicts of Interest Policy

Price Commercial details, insurances and quality assurance


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Respondents, and in particular, Key Personnel’s, track record both: with Mackay Regional Council; and with other Local Governments, and its understanding of Council’s needs. Local Content On the 27 July 2010, an evaluation meeting was held to collate the individual scores of the evaluation panel and appoint respondents to the requested legal categories. At the completion of the meeting the evaluation panel agreed on the following providers to be appointed to the nominated legal categories.

Clayton Utz

Corrs Chambers Westgarth

Gilkerson Legal

King and Company Solicitors

MacDonnells Law

McCullough Robertson Lawyers

SB Wright, Wright and Condie

Local Government Act and regulatory advice

X X X X X

Planning and Environment

X X X X X X

Contracts and Precedent

X X X X X

Litigation and Dispute Resolution

X X X X X X

HR & OH&S

X X X X X

Property X X X X X X

General X X X X X X

The recommended panel provides Council the ability to utilise a locally based solicitor and a number of highly resourced and experienced legal firms, to provide legal advice in the legal service categories nominated. All legal providers recommended, except Gilkerson Legal, a specialist in Native Title Law, have the ability to provide a range of services across a number of legal categories. This provides Council flexibility and choice in determining the provider of legal services on each matter or case.

Consultation and Communication

The evaluation of the responses to the Expression of Interest was conducted by:

Chief Executive Officer Director Corporate Services Director Development Services Manager Procurement and Plant


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Conclusion

THAT appointing Clayton Utz, Corrs Chambers Westgarth, Gilkerson Legal, King and Company Solicitors, MacDonnells Law, McCullough Robertson Lawyers and SB Wright, Wright and Condie (In no particular order) to the Panel of Providers – Provision of Legal Services, represents the most advantageous outcome based on their demonstrated capacity, experience and value for money.


THAT the schedule of rates submitted by the recommended panel be accepted for a period of five years with an option for an extension for a further five years. 1. Clayton Utz 2. Corrs Chambers Westgarth 3. Gilkerson Legal 4. King and Company Solicitors 5. MacDonnells Law 6. McCullough Robertson Lawyers 7. SB Wright, Wright and Condie

Council Resolution

THAT the matter be deferred to the Ordinary Meeting of 11 August 2010 to allow the schedule of rates to be distributed to Councillors.

Moved Cr May Seconded Cr Hatfield

CARRIED

10:34am - Cr Camilleri returned to the meeting.

13. CONSIDERATION OF NOTIFIED MOTIONS

Nil.

14. LATE BUSINESS:

Nil.

15. PUBLIC PARTICIPATION:

Nil


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16. CONFIDENTIAL REPORTS:

THAT the meeting be closed to the public in accordance with the Local Government Act 2009 to discuss matters relating to:-

Confidential Item Reason for Meeting Closure

Draft Corporate Project Committee Minutes - 19 July 2010

(h) for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage

Surplus Acquittal Report (h) for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage

Moved Cr Comerford Seconded Cr Camilleri

CARRIED

10:35am - The meeting was closed to the public.

THAT the meeting be reopened to the public.

Moved Cr Casey Seconded Cr Camilleri

CARRIED

10:54am - The meeting be reopened to the public.

16.1 DRAFT CORPORATE PROJECT COMMITTEE MINUTES - 19 JULY 2010

Council Resolution

THAT the Minutes be received. Moved Cr Perkins Seconded Cr Thomsen

CARRIED


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16.2 SURPLUS ACQUITTAL REPORT

Council Resolution

THAT Council endorse the agreement between the MRC and State Government regarding the resolution of outstanding housing surpluses and delegate the CEO the power to enter into this agreement via the attached letter of response to the State and Deed of Variation to Capital Assistance Agreement.

Moved Cr Steindl Seconded Cr Casey

CARRIED

17. MEETING CLOSURE

The meeting closed at 10:55am.

18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 18.07.10 TO 24.07.10

For Council Information Only - No Decision Required. Development Application Received

App no Address Applicant Description Officer

ROLC-2010-206

44 Bruce Highway, BAKERS CREEK

Cougar Developments Pty Ltd

2 Rural Lots into 269 Urban Residential Lots, 1 Open Space and 1 Rural (Balance Lot)

Leah Sorohan

CA-2006-263 21-25 Sunita Drive, ANDERGROVE

Benjamin P Hilder Change to Existing Approval - Material Change of Use for 28 Dwelling houses on lots less than 450m2 and a Reconfiguration of 1 lot to create 28 Urban Residential Lots

Kathryn Goodman

CON-2010-125

54 Elizabeth Street, MIRANI

Andrew J Walker Residential Storage Shed Boundary Relaxation

Julie Brook

CON-2010-108

2 Bennet Street, ST HELENS BEACH

Gayle Lawson Concurrence Agency - Structures exceeding 50% Site Coverage and Maximum Length.

Josephine McCann

MCUCD-2006-420

42 East Gordon Street, MACKAY

Wilma Properties Pty Ltd

Request to Change an Existing Approval - Material Change of Use - Retail Showrooms (Four tenancies less than 1000 sqm) by including 'Commercial Premises' as an approved use.

Shane Kleve

CON-2010-124

12 Cartney Court, WALKERSTON

Gregory J Soper and Deanna Soper

Side Boundary Relaxation Darryl Bibay

ROLC-2010-224

5 Curtins Road, HABANA

Michael P Curtin Reconfiguration of a Lot - 1 Rural Residential Lot into 2

Dean Appleton


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App no Address Applicant Description Officer

MCUC-2010-202

23 Logan Crescent, ERAKALA

Mackay and Whitsunday Building Certification

Residential Storage Shed exceeding 85m2

Josephine McCann

ROLC-2010-223

545 Eversleigh Road, SARINA

William T Eva Reconfiguration of a Lot - 1 Rural Residential Lot into 2 Lots

Josephine McCann

MCUC-2010-217

18-20 Transport Avenue, PAGET

Justin Peel Material Change of Use - General Industry, Service Industry and Warehouse

Kathryn Goodman

MCUI-2010-222

59 Gregory Street, MACKAY

Lane Associates Commercial Premises Simon Halcrow

CON-2010-127

1 Carbine Street, OORALEA

Vision Patios Pty Ltd Carport Siting Variation

CON-2010-126

46 Sheedy Crescent, MARIAN

Visual Constructions Pty Ltd

Dwelling House Siting Relaxation Setback Front Boundary

John Caldwell

Development Applications Finalised

App No Location Applicant Description Officer

Application Not Required

CON-ASPA-2010/101

6 Rutland Place MARIAN QLD 4753

Russell P Stockden Residential Storage Shed - Front Boundary Relaxation

CON-ASPA-2010/111

16 Marcella Street RURAL VIEW QLD 4740

Development Certifications Pty Ltd

Residential Storage Shed

CON-ASPA-2010/110

21 Danastas Avenue EIMEO QLD 4740

Kristian L Rhoden 3 Bay Carage Boundary Relaxation

Approved

CON-ASPA-2010/107

28 Rae Street EAST MACKAY QLD 4740

Weir & Lewis Pty Ltd Amenity and Aesthetic

CON-ASPA-2010/112

19 Martin Street NORTH MACKAY QLD 4740

Coastal Building Approval Service

Remove Dwelling

CON-ASPA-2010/114

1 Vine Street NORTH MACKAY QLD 4740

Coastal Building Approval Service

Amenity & Aesthestics

CON-ASPA-2010/106

33 Rae Street EAST MACKAY QLD 4740

Jacksons House Removals

Remove Dwelling

Approved Subject to Conditions

CON-ASPA-2010/105

3/70 Rae Street EAST MACKAY QLD 4740

Robbie M Warne Concurrence Agency - Setback Relaxation

Darryl Bibay

CON-ASPA-2010/104

27 Corella Way BLACKS BEACH QLD 4740

Aleisha J Ware and Mark E Ware

Concurrence Agency - Setback Relaxation

Darryl Bibay

CON-ASPA-2010/122

3 Montys Place NORTH MACKAY QLD 4740

Gemini Homes (QLD) Pty Ltd

Front Bounday Setback Variation Dean Appleton

MCUC-ASPA-2010/168

48 Stevic Street WALKERSTON QLD 4751

River City Homes (Mackay) Pty Ltd

Dual Occupancy Dean Appleton

CON-ASPA-2010/118

5 Montys Place NORTH MACKAY QLD 4740

Pacific Homes Mackay Front Boundary Setback Relaxation Dean Appleton

CAC-ASPA-2010/183

37 Garraway Street WEST MACKAY QLD 4740

Richard D Pace 1 Urban Residential Lot into 2 Urban Residential Lots and Dwelling Houses on Lots less than 450sqm

Josephine McCann


MIN/04.08.2010 FOLIO 12168

App No Location Applicant Description Officer

MCUC-ASPA-2010/152

11 Youngs Lane WALKERSTON QLD 4751

Garage World Material Change of Use - Code - Residential Storage Shed and separate open Carport

Julie Brook

MCUC-ASPA-2010/153

1/58 Ian Wood Drive DOLPHIN HEADS QLD 4740

Buildsmart Dwelling House situated in Steep Land Overlay and the Wetland Communities Overlay

Julie Brook

MCUC-ASPA-2010/148

11 Pacific Drive BLACKS BEACH QLD 4740

Mark Nicholls Architect Pty Ltd

Material Change of Use - Code - Dwelling House in the Special Activities (Tourism) Zone

Julie Brook

MCUC-ASPA-2010/196

5 Mussett Court GLENELLA QLD 4740

Hagan Family Trust and Umgusa Family Trust

Dual Occupancy Julie Brook

CON-ASPA-2010/79

L 87 Hay Point Road HAY POINT QLD 4740

BM Alliance Coal Operations Pty Ltd

Expansion of Hay Point Coal Terminal (HPX3)

Simon Halcrow

ROLC-ASPA-2010/200

82 Gravinos Road VICTORIA PLAINS QLD 4751

Emanuel Gravino 1 Rural Lot into 2 Rural Lots Sonia Cannell

Negotiated Decision

MCUIMP-IDAS-2007/543

L 903 Boveys Road RICHMOND QLD 4740

Pointglen Developments Pty Ltd

Material Change of Use - Preliminary Approval to Override the Planning Scheme to regulate development of the land as if located in the Urban Residential Zone, McCreadys Creek Precinct, Mackay Frame Locality with the existing overlays affecting the subject site

Dennis O'Riely


1 Norris Road MOUNT PLEASANT QLD 4740

Bona Vista Mackay Pty Ltd

Material Change of Use - 15 Multiple Dwelling Units (assessed under the Superseded Planning Scheme)

Dennis O'Riely

RECONF-IDAS-2009/471

902 Grasstree Road SARINA BEACH QLD 4737

Faye Simpson Reconfiguration of 1 Rural Lot to create 5 Rural Residential Lots.

Josephine McCann

ROLC-ASPA-2010/125

63 Sarina Beach Road SARINA QLD 4737

Cardno (QLD) Pty Ltd 1 Lot into 2 Lots Julie Brook


L 701 Broadsound Road OORALEA QLD 4740

Fabcot Pty Ltd Shopping Centre and Service Station Kathryn Goodman

RECONF-IDAS-2009/433

L 700 Schmidtkes Road OORALEA QLD 4740

Benarid Pty Ltd Reconfiguration of 2 lots into 93 lots - 88 Urban Residential lots, 3 Higher Density Residential Lots plus 1 Drain and 1 Sewer Pump Station Lott - Sugarfields Estate - Stages 6-10

Leah Sorohan


7-17 Heaths Road MOUNT PLEASANT QLD 4740

Davka Pty Ltd 81 Units (Including Two Dual Key Units), Caretakers Residence, Catering Shops and/or Shops

Leah Sorohan

Application Withdrawn

MCUC-ASPA-2010/211

2 Bennet Street ST HELENS BEACH QLD 4798

Gayle Lawson Material Change of Use - Carport Josephine McCann

Confirmed on Wednesday 11 August 2010.

………………………………………

MAYOR


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APPENDIX / ATTACHMENTS

Documents

FINAL MINUTES - Mackay Council · Commercial details, insurances and quality assurance . FINAL MINUTES WEDNESDAY 4 AUGUST 2010 MIN/04.08.2010 FOLIO 12163 Respondents, and in particular,