FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 22 APRIL 2015 MIN/22.04.2015 FOLIO 37396 The reserve proposed to be renamed is situated on Lot 119 Bruce Highway in Balberra,

FINAL MINUTES

22 April 2015

FINAL MINUTES WEDNESDAY 22 APRIL 2015

MIN/22.04.2015 FOLIO 37392

Table of Contents

Folio Date Particulars

37393 22.04.2015 Ordinary Meeting Minutes

37417 31.03.2015 Development Services Monthly Review - March 2015

37449 22.04.2015 Fees & Charges - Health and Regulatory Services

37463 31.03.2015 Economic Development Monthly Review - March 2015

37473 31.03.2015 Organisational Services Monthly Review - March 2015

37488 31.03.2015 Strategic Financial Report for the Month ended 31 March 2015

37506 22.04.2015 Petition - Bus Turnaround Point and Bus Stop at Mountney's

Road, Sarina

Declaration of Potential Conflict of Interest

Item 15.2 - Crs Martin & Perkins


MIN/22.04.2015 FOLIO 37393

ORDINARY MEETING

MINUTES

1. ATTENDANCE:

Acting Mayor, Cr P F Steindl (Acting Chairperson), Crs C J Bonanno, L G

Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan and D J Perkins were in

attendance at the commencement of the meeting. Also present was Mr Gerard Carlyon

(Acting Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.00 am.

2. ABSENT ON COUNCIL BUSINESS:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Cr R D Walker and Mr B

Omundson (Chief Executive Officer) who are attending the LGAQ Finance Summit in

Brisbane.

3. APOLOGIES:

Cr K J Casey

4. CONDOLENCES:

Council expressed their condolences to the family and friends of Mrs Cheryl Norman.

Cheryl started work with the Mackay City Council in October 2005 in Customer

Service and has been a valued member of Council manning the Mackay Customer

Service desk assisting the residents of Mackay.

One minute silence was observed by all present in the Council Chambers for Mrs

Cheryl Norman.


MIN/22.04.2015 FOLIO 37394

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 8 APRIL 2015

THAT the Ordinary Meeting Minutes held on 8 April 2015 be

confirmed.

Moved Cr Gilbert Seconded Cr Perkins

CARRIED

6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

7. MAYORAL MINUTES:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 DEVELOPMENT SERVICES - MONTHLY REVIEW REPORT FOR

MARCH 2015

Author Acting Director Development Services

Purpose

To review the attached Development Services Monthly Review Report for the month of

March 2015.

Officer's Recommendation

THAT the attached report be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Perkins Seconded Cr Bonaventura

CARRIED


MIN/22.04.2015 FOLIO 37395

8.2 PROPOSED PARKS RE-NAMING

File No Request for Renaming of Parks and Reserves

Author Technical Officer, Parks and Environment

Purpose

To seek approval to the re-naming of two open space reserves in remembrance of

Mackay’s pioneering personalities following formal requests from family members.

The two requests are to re-name:

A linear park in Nabilla Estate to the Roy Scott Walkway; and

The Alligator Creek reserve in Balberra to the Abraham Ditton Reserve.

Background/Discussion

Requests for re-naming are submitted and assessed in accordance with the Mackay

Regional Council’s Park Naming Policy No. 85.

Roy Scott Walkway

The request to re-name the linear park in Nabilla in remembrance of Roy Scott was

submitted by his son Brian Scott.

Roy Scott was born in the Septimus area. In 1934 he moved to Nabilla in Marian after

marrying Eileen Coughlin of Marian (descended from the first Europeans to cross the

Eton Range – James and Mary Ready). Roy worked at the Marian Sugar Mill, dug

wells, cleared land and grew plants for farmers. He was typical of the hard working

‘Aussie battler’ and was deeply missed by his family when he was killed in a car

accident in 1967 at aged sixty. The family home which he built was located

approximately 500 meters west of the start of the linear park which is the subject of the

renaming application. The cane farm Roy leased which is affectionately referred to by

locals as ‘Scott’s Paddocks’ also runs along the eastern side of this park’s existing

walkway.

Abraham Ditton Reserve

The request to re-name the existing reserve fronting Alligator Creek in Balberra was

submitted by Delma Hack in remembrance of her grandfather.

Abraham Ditton was a pioneer who lived and worked in Mackay from 1863, a year

after settlement of Mackay itself. He was a “bullock puncher” (broke bullocks in for

agricultural work and land clearing) and butcher. Abraham not only cared for his

domestic animals but was passionate about the care and protection of native wildlife,

making him one of the earliest European animal conservationists in the area. He settled

in the Sandy Creek area on a property he called “Ashford”. The road beside this

property had been originally named Ditton Road but was later changed to Jewells Road.


MIN/22.04.2015 FOLIO 37396

The reserve proposed to be renamed is situated on Lot 119 Bruce Highway in Balberra,

and at present is undeveloped.

Consultation and Communication

In gathering the information for Roy Scott Walkway, personal contact was made with

Brian Scott (son of Roy Scott) and Carmel McDonald (nee Scott – daughter of Roy

Scott). Both are avid historians and provided a wealth of historical material including

photographs and documents in support of the re-naming application.

In relation to the Abraham Ditton Reserve, contact was made with the applicant Delma

Haack who currently lives in Melbourne. Extensive research was undertaken using

local newspaper articles as secondary source material. The family generously made

available photographs and other documents in support of the application. The historical

archives of Mackay pioneers were also accessed.

Resource Implications

Two park name signs will be required to be erected. The cost for materials and labour

to erect the new signs within both reserves is estimated at $1,579.50.

Risk Management Implications

Nil

Conclusion

Both re-naming requests were assessed to be appropriate and meet the criteria set by the

Parks Naming Policy to have the subject reserves re-named in their honour. The two

men were early pioneers and respected members of their respective communities in

Nabilla and Balberra given the substantial contribution both made during their lifetime.

Both were men who displayed a pioneering spirit and endured the hardships of early

life to advance not only their families but their communities.


THAT the linear park and walkway in Nabilla Estate at Marian be called Roy

Scott Walkway;

FURTHER THAT the reserve previously known as Alligator Creek Reserve (119

Bruce Highway, Balberra) be re-named Abraham Ditton Reserve.

Council Resolution


Moved Cr Morgan Seconded Cr Perkins

CARRIED


MIN/22.04.2015 FOLIO 37397

8.3 PETITION REPORT - REMOVAL OF TREES FROM BOUNDARY

AND MAINTENANCE OF THE RESERVE AT BLACKS BEACH

Author Natural Environment Coordinator

Purpose

To advise council on the issues raised in the petition relating to the management of

Blacks Beach Reserve.


Council accepted a petition titled ‘Complaint to Mackay Regional Council’ on

Wednesday 25th

March 2015.

Council received the petition and referred it to the Chief Executive Officer for a report

to be prepared for consideration by Council which investigates the issues identified

within the petition.

The main issues identified in the petition include:

Council has not carried out their duty of care in relation to the Reserve at

Blacks Beach;

There are 20m high trees in the Reserve, behind the fence line which

overhang the fire break area;

There is Guinea Grass 1.8 m high on some residential boundaries (in the

firebreak area);

Weed control is not occurring at Blacks Beach Spit;

There should be a risk assessment undertaken regarding the bushfire risk in

the area; and

All trees within a distance of 20 meters from the private property boundary

should be eliminated.

The main area of concern appears to be with the properties south of Anglers Parade that

abut Blacks Beach Reserve. This area is fenced, with a 6 meter firebreak area between

the vegetated Reserve and the private property boundary. The fencing south of Anglers

Parade to approximately Seafarers Court was constructed prior to the adoption of the

Blacks Beach Plan in 2010. The fencing south of Seafarers Court to the end of the

residential area, and bordering The Spit, has been constructed since the beach plan was

adopted, and was a recommendation of the plan. In most sections, the firebreak area is

mown by residents.

Weed control has been ongoing in the Blacks Beach Reserve and Blacks Beach Spit,

including the subject area. This has been undertaken by a combination of field teams,

contractors, and Coastcare volunteers. Although there are patches of weeds throughout

the Reserve and Spit area, the majority of weeds occur on the disturbed edges of fence

lines and tracks. Both areas have a history of disturbance, including vegetation


MIN/22.04.2015 FOLIO 37398

clearing, vehicle access and rubbish dumping which have contributed to the weed

infestation.

The two main concerns of the petition can be summarised as:

Weed control in the Reserve (particularly Guinea Grass); and

Fire risk to properties adjoining the Reserve (particularly as a result of tall

trees in the Reserve and some branches overhanging the firebreak area).

Actions to address the concerns raised include:

Additional weed control has recently been undertaken to reduce Guinea

Grass and other weeds adjacent to the fence line;

A weed control program is ongoing in the Reserve and the Spit and

includes expenditure of $77,000 in 2014/15 and $50,000 in 2013/14;

Additional future funding has been allocated from the Natural Environment

Levy to improve weed control in this area in the 2015/16 financial year

including: $152,000 for weed control south of Anglers parade (zone D) and

The Spit (zone E), and $50,000 for weed control and revegetation in zone

C;

The Guinea Grass in the fire break area shown in the photo submitted with

the petition has been mown; and

A fire management plan which covers The Spit, Reserve and zone C area is

in preparation.

Council’s Arboriculture team is currently assessing the trees abutting the fence line

south of Anglers Parade. Officers will prune trees that significantly overhang the

firebreak area, and may remove any trees that pose a high risk to property.


Discussions have been held with Council officers and Councillors, including Natural

Environment, Mowing and Arboriculture Team staff.


The cost of weed control has already been included in the 2015/16 Natural

Environment Levy budget submission. A cost estimate for pruning the trees has not yet

been provided, but is expected to be approximately $20,000, which could be covered by

existing budgets. Funding has already been allocated in the 2014/15 budget for the fire

management plan which is currently in preparation.


Nil


MIN/22.04.2015 FOLIO 37399

Conclusion

Ongoing and additional weed control is planned for the Blacks Beach Reserve and Spit

area. Resource allocation is planned to be increased to achieve this in the 2015/16

financial year. A fire management plan is currently in preparation which will address

fire management issues and include an assessment of risks and mitigation strategies

both on public and private land. Investigations are currently underway regarding the

trees overhanging the fire break area, with a view to undertaking works to reduce the

associated risks.


THAT Council continues with weed control in the Blacks Beach Reserve and

Spit, including keeping the fence lines clear of weeds, and undertakes pruning of

large trees overhanging the firebreak area back to the fence line in the residential

area south of Anglers Parade.

FURTHER THAT the Principal Petitioner be advised of Council's decision and

provided with a copy of this report.

Council Resolution


Moved Cr Morgan Seconded Cr Martin

CARRIED

8.4 FEES & CHARGES - HEALTH & REGULATORY SERVICES

Author Manager Health and Regulatory Services

Purpose

To seek Council’s endorsement of the Health and Regulatory Services, regulatory (cost

recovery) and commercial fees and charges for the 2015/2016 financial year.


This is the first of the budget related documents Council is considering as part of the

2015-16 budget development and it is important to note that the Health and Regulatory

fees and charges for 2015-16 have either been held at 2014-15 levels or reduced where

this has been possible due to Council finding better, smarter and cheaper ways of

undertaking certain functions. This is the first time in many years that there has been no

increase in fees and demonstrates Council's commitment to reducing financial pressure

on local residents.


MIN/22.04.2015 FOLIO 37400

Anticipating that the Fees and Charges for the upcoming financial year will not be

adopted until late May early June 2015, it is necessary to adopt the Health and

Regulatory Services – regulatory (cost recovery) and commercial fees and charges,

before May 2015 to meet the legislative timelines associated with licence, approval and

permit renewals.

State legislation (Food Act, Animal Management Act & Local Laws) require that

council issue a renewal notice at least 30 days before the period of registration/licence

expires. The animal registrations, health licences and local law licences all expire on 30

June 2015. If council fails to issue renewal notices at least 30 days before 30 June 2015,

there is a risk that businesses/licence holders will be operating without a licence as of 1

July 2015, which is a major breach of legislation and an insurance risk.

Council has also offered in previous years an almost 50% discount on animal

registration renewals paid during June and July. This has been done to encourage re-

registration of animals prior to the expiry of the registration and generally encourage

people to continue the registration of their animal. Furthermore, this reduces the impact

on Client Services by spreading customer payments and enquires relating to registration

renewals over a larger time period.

To ensure compliance with legislation timeframes, Council forwards annually in late

May accounts/renewal notices to all licence and registration holders, reminding that the

licence/registration is due to be renewed and highlighting the charges.

The proposed regulatory (cost recovery) and commercial fees and charges for the

2015/2016 financial year are highlighted in Attachments 1 and 2.


Considerable consultation has been undertaken with Client Services and contractors, to

ensure that the changes are smooth and meet customer expectations.


Council has developed alternative, electronic payment methods such as Bpay, Australia

Post Billpay, telephone and internet as well as over the counter payments.


The adoption of Health and Regulatory Services, regulatory (cost recovery) and

commercial fees and charges before the Mackay Regional Council’s Regulatory (cost

recovery) and Commercial Fees and Charges are adopted mitigates the risk of not

meeting legislative timeframes and customer expectations.

Conclusion

The adoption of Health and Regulatory Services, regulatory (cost recovery) and

commercial fees and charges for the 2015/2016 financial year is required to meet

legislative timeframes and customer expectations.


MIN/22.04.2015 FOLIO 37401


THAT the fees as listed in Attachments 1 and 2 be adopted for the 2015/2016

financial year.

Council Resolution


Moved Cr Bonaventura Seconded Cr Bonanno

CARRIED

8.5 NATURAL ENVIRONMENT ADVISORY COMMITTEE

MEMBERSHIP 2015

Author Natural Environment Coordinator

Purpose

To seek Council’s approval to appoint three community representatives to the Natural

Environment Advisory Committee, and accept the four agency representative

nominations.


The Terms of Reference for the Natural Environment Advisory Committee were

reviewed at the committee meeting held February 17, 2015 and accepted by Council at

the ordinary meeting held 25th

March 2015.

Nominations were called for the three community representative positions in February

2015, with applications closing Friday 13th

March 2015. Four applications were

received for the three positions available. A meeting was held with Cr Morgan

(Chairperson), Peter Owen (Manager Parks, Environment and Sustainability) and Lisa

Kermode (Natural Environment Coordinator) on 24th

March to discuss the applications.

Agreement was reached on two nominees and a meeting was subsequently held with an

additional nominee to discuss their interest in the committee and their suitability for the

position.

The community applicants recommended by the selection panel are: Carolyn Sandral,

Caitlin Davies and Matthew Newland. The applicant not being recommended had

previously held a community representative position on the Advisory Committee for a

period in excess of seven years.


MIN/22.04.2015 FOLIO 37402

Letters were sent to the four agencies specified in the terms of reference and the

following people were nominated as representatives:

Rob Cocco - Reef Catchments;

Lara Mathewson - Pioneer Catchment and Landcare Group;

Rod McFadzen - Sarina Landcare Catchment Management Association; and

Lalith Gunasekera - Mackay Regional Pest Management Group


The applications were considered by Cr Morgan, the Manager Parks, Environment and

Sustainability and the Natural Environment Coordinator


Nil


Ensuring both agency and community representatives are part of the Natural

Environment Committee ensures that the environment sector as well as the general

community have the opportunity to participate in and contribute to Council’s

environmental activities. This process is a good risk mitigation exercise and assists to

ensure community understanding and acceptance of Councils decision making in this

policy area. Calling for nominations as occurred in this instance also mitigates risk by

ensuring that a broad cross section of the community has the opportunity to nominate

and also ensures that the committee is refreshed so that new and innovative ideas can be

brought to Councils attention.

Conclusion

A selection panel, comprising the NEAC chair and two Council representatives, has

evaluated the applications received for the three community representative positions

and the nominations for the four agency representative positions, and has made a

recommendation to council concerning their appointment.


THAT Carolyn Sandral, Caitlin Davies and Matthew Newland be appointed to

the Natural Environment Advisory Committee as community representatives and

that the four agency representatives nominated be appointed as agency

representatives, in line with the current Terms of Reference for the committee.

FURTHER THAT Council write to the applicant not recommended, to thank

them for their service on the committee.


MIN/22.04.2015 FOLIO 37403

Council Resolution


Moved Cr Morgan Seconded Cr Jones

CARRIED

8.6 ECONOMIC DEVELOPMENT - MONTHLY REVIEW REPORT

FOR MARCH 2015

Author Manager Economic Development

Purpose

To review the attached Economic Development Program Monthly Review Report for

the month of March 2015.


THAT the Economic Development Program Monthly Review for March 2015 be

received.

Council Resolution


Moved Cr Martin Seconded Cr Bonanno

CARRIED

8.7 ORGANISATIONAL SERVICES MONTHLY REPORT - MARCH

2015

Author Acting Director Organisational Services

Purpose

To review the attached Organisational Services Monthly Review Report for March

2015.


MIN/22.04.2015 FOLIO 37404


THAT the Organisational Services Monthly Review Report for the month of

March 2015 be received.

Council Resolution


Moved Cr Jones Seconded Cr Martin

CARRIED

8.8 STRATEGIC FINANCIAL REPORT FOR THE MONTH ENDED 31

MARCH 2015

Author Acting Director Organisational Services

Purpose

To adopt Council’s Strategic Financial Report for the month of March 2015.


Under Part 9 Section 204 of the Local Government Regulation 2012, the Local

Government is required to prepare a financial report which the Chief Executive Officer

presents at a meeting of the local government once a month.

The financial report must state the progress that has been made in relation to the local

government’s budget for the period of the financial year up to a day as near as

practicable to the end of the month before the meeting is held.


Chief Executive Officer, Directors, Manager Financial Services.


Nil


Nil


MIN/22.04.2015 FOLIO 37405

Conclusion

Council is tracking favourably against year to date budget however the reduced level of

user pays revenue continues to be a concern for the remainder of this financial year and

into the future. Whilst this has been addressed to a large degree in the December

Budget Review, some remaining areas are currently projected to be able to be offset

through reduced expenditure. This overall situation will continue to be monitored both

for the remainder of this financial year and towards Council’s Long Term Financial

Forecast.

The level of capital delivery and projected capital expenditure is also a continuing focus

for the remainder of the financial year and into the future.


THAT the attached Strategic Financial Report for the month of March 2015 be

adopted.

Council Resolution


Moved Cr Jones Seconded Cr Morgan

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

Nil

10. RECEIPT OF PETITIONS:

10.1 PETITION FOR A BUS TURNAROUND POINT AND BUS STOP AT

MOUNTNEYS ROAD SARINA

Author Chief Executive Officer

Purpose

A petition was received by Council on the 31 March 2015 with a request that Council

consider putting a turnaround point and bus stop in Mountneys Road, Sarina.


MIN/22.04.2015 FOLIO 37406


In terms of Council’s Standing Orders Council has three options with regard to

Petitions that are tabled and these are;

the petition be received and consideration stand as an order of the day for the

meeting; or for a future meeting; or

the petition be received and referred to a committee or officer for consideration

and a report to the local government; or

the petition not be received.

The petitioners are requesting that Council give consideration to putting in a legal

turnaround point in Mountneys Road, Sarina due to safety reasons. Presently the

school bus sets down the children on the side of Sarina Beach Road where they have to

cross the road which has a speed limit of 100Km/h. The lead petitioner has stated that

Mackay Transit informed them they are unable to go into Mountneys Road as there is

nowhere the bus can legally turn around.

The petition meets the requirements as per the Standing Orders, in that it is legible and

has more than 10 signatures.


That the petitioners, through the lead petitioner, be informed that Council

acknowledges receipt of the Petition and that it has been accepted as a formal

submission. The issues raised will be addressed in a report to be tabled before Council

in the future.


Nil at this stage as the recommendation relates only to the preparation of a report on the

matter.


Nil

Conclusion

It is proposed that as the petition meets the necessary requirement for consideration by

Council, that the petition be referred to the Chief Executive Officer for a report to be

prepared for further consideration by Council.


MIN/22.04.2015 FOLIO 37407


THAT the petition be received and referred to the Chief Executive Officer for a

report to be prepared for consideration by Council which investigates the issues

identified within the petition.

FURTHER THAT the principal petitioner be advised of Council's determination.

Council Resolution


Moved Cr Bonanno Seconded Cr Jones

CARRIED

11. TENDERS:

11.1 PAGET WASTE TRANSFER STATION GRAB ARM

REPLACEMENT

File No Paget Waste Transfer Station Grab Arm Replacement

Author Manager Waste Services

Purpose

To present to Council for approval, the replacement of the grab arm at Paget Waste

Transfer Station utilising existing contract arrangements that significantly reduce

Council’s risks and costs under Section 235 of the Local Government Regulation 2012.


Paget Waste Transfer Station, owned by Mackay Regional Council, has been operated

under contract since October 2006 by Remondis Australia Pty Ltd (originally Thiess

Services). The original contract was an eight year term however Council recently opted

to extend the contract for a further two years. The grab arm machine at the Transfer

Station requires replacing as it has exceeded its intended design life. The grab arm is an

essential machine that loads waste from the pit into the haulage trucks below.

Remondis Australia has advised that critical structural components of the grab arm are

in advanced stages of metal and hydraulic fatigue. Waste Services' Officers have been

advised that overall, the machine’s integrity is failing and requires replacement before

imminent critical failure occurs. Pursuant to the contract, routine maintenance is

managed by the contractor however major maintenance or replacement is at Council’s

expense. It is anticipated that without urgent replacement, the machine will fail

initiating additional costs for emergent machine hire until the grab arm can be replaced.


MIN/22.04.2015 FOLIO 37408

Waste Services has known for some time that the machine required planned

replacement and Council had approved in the 2014/2015 Waste Services Capital budget

for the replacement of this asset. Remondis Australia had originally offered to perform

the replacement works at cost (no margin) as the replacement was mutually beneficial

to both parties. It was intended that this work would form a Variation in accordance

with their existing operational contract MCC 2006-031 however as the Capital

replacement was not included in the original scope of the contract, approval from

Council is required under exceptions described in Section 235 of the Local Government

Regulation 2012.

To ensure that the offer was the best value for Council, Waste Services initiated the

project by investigating replacement options. There is a variety of equipment that has

the ability to perform this function from mobile/static excavators to a variety of

industry specific plant solutions. Remondis Australia advised that they had undergone

similar replacement works at other transfer stations and decided to opt for static diesel

powered excavators.

Waste Services gave consideration to replacement with static excavators and began a

structural assessment investigation. It became apparent early on in the investigation that

the Paget Transfer Station built environment was specifically designed and built around

the particular grab arm solution currently used. This is not the case with the generically

configured working platforms enjoyed at other Remondis Australia operated sites in

Brisbane. Any change to the plant configuration would trigger significant design works

and re-engineering of the built environment coupled with plant specific load assessment

and certification. In addition, any conversion of mobile plant to static plant (e.g.

excavator solution) would also require unique engineering modifications and

certification.

Given the significant cost required to undertake the engineering for an alternative

solution, it has been concluded by Waste Services' Officers that the replacement of the

plant like for like is the most cost effective option. The existing plant is a static

mounted forestry crane distributed in Australia by Hiab. Remondis Australia has

obtained a quote taking advantage of their key account holder pricing of $235,370.00

(GST exc.) including installation.

A Variation to the contract would satisfy the requirements of the Local Government Act

2009 and the Local Government Regulation 2012. Council can approve, by way of

Resolution, the procurement of the grab arm from the contractor as a Variation with

Remondis Australia as it can demonstrate conformance with the Regulation and sound

contracting principles.

The relevant parts of Section 235 of the Local Government Regulation 2012 state:

“A local government may enter into a medium-sized contractual arrangement or large-

sized contractual arrangement without first inviting written quotes or tenders if—

(a) The local government resolves it is satisfied that there is only 1 supplier who is

reasonably available; or


MIN/22.04.2015 FOLIO 37409

(b) The local government resolves that, because of the specialised or confidential nature

of the services that are sought, it would be impractical or disadvantageous for the local

government to invite quotes or tenders;”

In addition, all Local Government Procurement must be able to satisfy the Sound

Contracting Principles as stipulated under the Local Government Act 2009 – Section

104 (3).

(3) The sound contracting principles are:

(a) Value for money; and

(b) Open and effective competition; and

(c) The development of competitive local business and industry; and

(d) Environmental protection; and

(e) Ethical behaviour and fair dealing

Based on the existing built infrastructure, there is only one provider able to provide a

solution without causing unnecessary and significant additional design, engineering and

project costs and without introducing significant risks of delaying normal operations at

the facility that would cause additional expense to Council. If another supplier was

engaged, there is a real risk that they would impede the seven day a week operations of

the facility by preventing the loading of waste into the transfer trailer. If this occurred,

Council would be exposed in not meeting its obligations in the Agreement with the

operational contractor. If engaged, Remondis Australia would be responsible for the

Project Management of the installation and therefore responsible for the costs of any

delays caused by them installing the grab arm.

This option also satisfies the sound contracting principles demonstrated below.

(a) It is the cheapest possible solution based on the known infrastructure constraints;

(b) The works are being undertaken as a Variation to the existing contract through an

open book arrangement;

(c) Remondis Australia has a local office and will use existing sub-contractor

arrangements for project works;

(d) Remondis Australia is ISO 14001 certified and will perform the works accordingly

under their existing workplace management plan (detailed environmental management

practices); and

(e) The work is to be performed under existing contract arrangements

If Council does award the work to a sole supplier, Council should be confident that the

sound contracting principles have been addressed.


Waste Services Coordinator has consulted the Director Engineering & Commercial

Infrastructure, Manager Waste Services, Manager Procurement & Plant and Council’s

Consultant, Mr John Davis (ITN), together with the Queensland State Manager,

Remondis Australia.


MIN/22.04.2015 FOLIO 37410


Description Amount Notes

Grab Arm Replacement

Expenditure to Date $11,460 Design

Contract Price $235,370 Remondis Australia Pty Ltd

Project Risks Nil No Contingency Allowed

Council’s Costs Nil No Additional Costs to Council

Estimated Cost of Project $246,830

BUDGET

Budget for 2014/2015 $230,000

BALANCE $16,830 Over Expenditure

Approved funding for the replacement of this asset in the 2014/2015 budget is

$230,000. The shortfall of funding is $16,830. The shortfall can be funded within the

existing approved Waste Services Capital budget.

No contingency has been allowed for as Remondis Australia will be managing the risks

surrounding this project and will not be causing delay to their operations.


The proposed solution significantly reduces Council’s exposure to potential project

risks. Utilisation of the existing mounting environment reduces downtime and overall

project costs. In addition, having the operating contractor in control of the project

reduces exposure to project Variations and principal caused delays (to the operational

waste contract). Given the fact that there is no margin, it is in the contractor’s best

interest to manage the project efficiently.

The alternative options require significant additional effort and introduce unknown

time, cost and project management implications and should be avoided if possible. The

biggest risk if this is opened up to another supplier, is that if there were any delay to the

works caused by the supplier, Council would be exposed to additional costs to

Remondis Australia as they would incur delay in the performance of their service

contract.

Conclusion

The proposal meets the sound contracting principles of the Local Government Act 2011

and satisfies Section 235 of the Local Government Regulation 2012, as the nature of the

work is specialised and Council would be disadvantaged if quotes or tenders were

sought from other suppliers. Council would be disadvantaged as there is a risk of

Council incurring significant additional costs in operating the transfer station, if delays

were caused by another supplier undertaking the proposed works that prevented the

normal operational activities.


MIN/22.04.2015 FOLIO 37411

That awarding the project to Remondis Australia as a Variation to their existing

operational contract MCC 2006-031 represents the most advantageous outcome and

demonstrates value for money to Mackay Regional Council.


THAT per Clause 235(a) of the Local Government Regulation 2012, Council

resolves it is satisfied there is only one supplier who is reasonably available to

undertake the Grab Arm Replacement Project work at the Paget Waste Transfer

Station.

FURTHER THAT Remondis Australia be engaged under a Variation to existing

contract MCC 2006-031 for the work associated with the Grab Arm Replacement

Project work at the Paget Waste Transfer Station at the quoted price of $235,370

(plus GST).

Council Resolution


Moved Cr Bonaventura Seconded Cr Perkins

CARRIED

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil

13. LATE BUSINESS:

13.1 THE MACKAY REGION TOURISM CONFERENCE AND

AWARDS 2015

Cr Gilbert formally informed Council he will be attending the 2015 Mackay Region

Tourism Conference and Awards in Clermont on 30 April 2015 as Council's

representative as the Portfolio Councillor, Cr Martin, is unable to attend.

13.2 EVENTS

Cr Bonanno asked for congratulations to be forwarded to the MECC staff and all

involved in bringing Nitro Circus to Mackay.

Cr Perkins advised the tickets for Dr Hook's concert in October at the MECC were

selling fast and the event is on schedule to be a sell-out.


MIN/22.04.2015 FOLIO 37412

14. PUBLIC PARTICIPATION:

Nil

15. CONFIDENTIAL REPORTS:

15.1 DEVELOPMENT SERVICES MONTHLY LEGAL REPORT -

MONTH ENDING 31ST MARCH 2015

Confidential

Council Recommendation

THAT the report be received.


CARRIED

Crs Perkins & Martin declared a real conflict of interest (as per section 173 of the

Local Government Act 2009) on this matter (Item 15.2) due to owning property in the

Mackay City Centre and left the room at 10.30 am, taking no part in the debate or

decision of the meeting.

Voting then recorded as per usual.

15.2 MRC 2015-006 - MACKAY CITY CENTRE STAGE 2 PUBLIC ART

Confidential


THAT Council award contract MRC 2015-006 Mackay City Centre Public Art

Commission – Stage 2 to Creative Move.

Moved Cr Gilbert Seconded Cr Jones

CARRIED

10.31 am - Crs Perkins & Martin returned to the Meeting Chamber.


MIN/22.04.2015 FOLIO 37413

15.3 MRC 2015-026 RESOURCE RECOVERY FACILITY AND PAGET

TRANSFER STATION SERVICES

Confidential


THAT the report be deferred to a future meeting for further information.


CARRIED

16. MEETING CLOSURE

The meeting closed at 10.32 am.

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 06.04.15 to

12.04.15

For Council Information Only - No Decision Required.

Development Applications Received

App No. Code /

Impact Address Applicant Description Officer

CON-2015-42

30 Pattinsons Lane, BAKERS CREEK

Coastal Building Approval Service

Building Work - Boundary Setback for Carport

Helle Jorgensen Smith

CON-2015-43

46 Bruce Highway, BAKERS CREEK

Russell A Leggatt Amenity & Aesthetics Bruce Lenahan

CON-2015-44

10 Helmsman Drive, SHOAL POINT

GMA Certification Group Pty Ltd - Port Douglas

Building Work - Boundary Setback for Awning


CON-2015-45

1 Merritt Court, MARIAN Dean M Kane Building Work - Boundary Setback for Shed

Darryl Bibay

CON-2015-46

1-3 Ulysses Way, ARMSTRONG BEACH

Leonie K Keating Building Work - Boundary Setback for Shed


CON-2015-47

11 Monash Way, OORALEA

Spanline Home Additions Mackay

Building Work - Boundary Setback for Carport

CON-2015-48

33 Raffia Street, RURAL VIEW

Craig A Borg Building Work - Front Boundary Setback for Shed

MCUC-2015-54

Code 8 Whittles Lane, EIMEO Tim Guymer Architect

Dwelling House (Flood and Inundation Overlay)

Andrea McPherson

ROLC-2013-3

Code L 6 Gormleys Road, SEAFORTH

Steven P Said and Sandra M Said

Request to Change Development Approval & Extend Currency Period - 2 Rural Lots into 3 Lots



MIN/22.04.2015 FOLIO 37414

ROLC-2015-55

Code 15 Ocean View Crescent, FRESHWATER POINT

Anthony T Moore and Valda Healey

1 Rural Residential Lot into 2 Lots Helle Jorgensen Smith

Development Applications Entering Decision Making Period

App No. Code /

Impact Address Applicant Description Primary

Officer

MCUC-2014-186

Code 215 Dunnrock Road DUNNROCK

Michael J Deguara

Rural Industry (Servicing of Rural Equipment & Machinery by Abrasive Blasting and Spray Painting)

Kathryn Goodman

MCUC-2014-186

Code 215 Dunnrock Road DUNNROCK

Michael J Deguara

Rural Industry (Servicing of Rural Equipment & Machinery by Abrasive Blasting and Spray Painting)

Kathryn Goodman

Development Applications Finalised

App No. Code /

Impact Address Applicant Description Officer

Application Refused

CAI-ASPA-2014/91

23-25 Schmidtkes Road OORALEA QLD 4740

Ooralea Developments P/L ATF Ooralea Mgmt Trust

Preliminary Approval (s242-SPA) affecting the Planning Scheme and Reconfiguration of a Lot - 1 Lot into 12 Mixed Use Lots

Brogan Jones

Approved Subject to Conditions

CON-ASPA-2015/41

7 Possum Close ANDERGROVE QLD 4740

AAA Building Consultants

Building Work - Boundary Setback for Shed Extension

Andrea McPherson

MCUC-ASPA-2010/135A

Code L 4 Mirani-Eton Road MIRANI QLD 4754

Iliv Property Group

Request to Change Conditions of Development Approval - Material Change of Use - Preliminary Approval to vary the effect of the Planning Scheme pursuant to s242 of the Sustainable Planning Act 2009 to facilitate development for Residential Uses (Dwelling Houses, Home Occupations, Multiple Dwelling Units and Oversized Sheds) and Community Uses (Community Facilities, Local Utilities)

Leah Harris

MCUC-ASPA-2014/223

Code 45-47 Centurion Drive PAGET QLD 4740

Robert G Tanner General Industry (Engineering Workshop) and Transport Depot

Kathryn Goodman

MCUC-ASPA-2015/42

Code 3 Margaret Street SEAFORTH QLD 4741

Endurance Sheds Mackay

Special Purpose Andrea McPherson

MCUC-ASPA-2015/45

Code 33 Logan Crescent ERAKALA QLD 4740

Andrew K Muller Residential Storage Shed >85m2 on a Rural Res Lot.

Josephine McCann

MCUC-ASPA-2015/51

Code 46-48 Oxley Crescent ERAKALA QLD 4740

Kim H Holster Residential Storage Shed Helle Jorgensen Smith

MCUI-ASPA-2014/248

Impact 2 Gaye Court OORALEA QLD 4740

Sandsky Developments

Multiple Dwelling Units (4) Darryl Bibay

ROLC-ASPA-2015/1

Code L 900 Mirani-Eton Road MIRANI QLD 4754

Iliv Property Group

1 Rural Lot into 107 Lots (67 Urban residential Lots, 39 Rural Residential Lots and 1 Parkland Lot) - (Riverbend - Stages 1-7)

Kathryn Goodman

ROLC-ASPA-2015/48

Code 11 Darcy Boulevard BEACONSFIELD QLD 4740

SHD Pty Ltd 1 Urban Expansion Lot into 2 Lots Andrea McPherson

ROLC- Code 21 Darcy Boulevard SHD Pty Ltd 1 Urban Expansion Lot into 2 Lots Andrea


MIN/22.04.2015 FOLIO 37415

App No. Code / Impact

Address Applicant Description Officer

ASPA-2015/49

BEACONSFIELD QLD 4740

McPherson

Confirmed on Wednesday 13 May 2015

………………………………………

MAYOR


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APPENDIX / ATTACHMENTS


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Documents

FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 22 APRIL 2015 MIN/22.04.2015 FOLIO 37396 The reserve proposed to be renamed is situated on Lot 119 Bruce Highway in Balberra,