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
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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.
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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
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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
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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.
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Officer's Recommendation
THAT the Community and Client Services Monthly Review covering the period
1 February – 9 March 2014 be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
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.
Background/Discussion
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
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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 and Communication
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.
Resource Implications
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.
Risk Management Implications
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.
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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.
Officer's Recommendation
THAT Council Adopts Policy 070 – Shade for Playgrounds.
Council Resolution
THAT the Officer's Recommendation be adopted.
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.
Background/Discussion
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.
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Consultation and Communication
Consultation has taken place with the Parks and Environment Coordinators.
Supervisors, and Administration Officers.
Resource Implications
Policy implementation will require no additional resources above current level of
service.
Risk Management Implications
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.
Officer's Recommendation
THAT Council Adopts Policy 069 - Organised Activities – General Conditions of
Use.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Morgan Seconded Cr Bonaventura
CARRIED
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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.
Officer's Recommendation
THAT the Character and Heritage Advisory Committee minutes for 14 February
2014, be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Perkins Seconded Cr Bonanno
CARRIED
11. RECEIPT OF PETITIONS:
Nil
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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.
Background/Discussion
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.
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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.
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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 and Communication
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
Resource Implications
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.
Risk Management Implications
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
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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.
Officer's Recommendation
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
THAT the Officer's Recommendation be adopted.
Moved Cr Bonanno Seconded Cr Steindl
CARRIED
10.35 am - Cr Perkins returned to the Meeting Chamber.
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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.
Background/Discussion
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
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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
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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 and Communication
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
Resource Implications
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
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Risk Management Implications
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.
Officer's Recommendation
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
THAT the Officer's Recommendation be adopted.
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.
Background/Discussion
Mackay Regional Council sought submissions for the lease of Lagoons Café and
Gallery – Botanical Gardens within Lot 1 on SP170019.
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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%
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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 and Communication
Consultation was conducted between representatives of the Property Services, Parks &
Environment and Procurement & Plant programs prior to the Request for Tender being
released.
Resource Implications
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.
Risk Management Implications
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.
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MIN/02.04.2014 FOLIO 32254
Officer's Recommendation
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
THAT the Officer's Recommendation be adopted.
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.
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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.
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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)
Helle Jorgensen Smith
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
Murphy Homes QLD Pty Ltd
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
Code 54 Superior Boulevard ANDERGROVE
Murphy Homes QLD Pty Ltd
Material Change of Use - Dual Occupancy
Darryl Bibay
MCUC-2014-45
Code 78 Superior Boulevard ANDERGROVE
Murphy Homes QLD Pty Ltd
Material Change of Use - Dual Occupancy
Darryl Bibay
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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
Helle Jorgensen Smith
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)
Helle Jorgensen Smith
MCUC-ASPA-2014/34
Code 59 Caroval Drive RURAL VIEW QLD 4740
Murphy Homes QLD Pty Ltd
Material Change of Use - Dual Occupancy
Darryl Bibay
MCUC-ASPA-2014/39
Code 11 Hinkler Court RURAL VIEW QLD 4740
Murphy Homes QLD Pty Ltd
Material Change of Use - Dual Occupancy
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)
Helle Jorgensen Smith
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
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Confirmed on Wednesday 9 April 2014
………………………………………
MAYOR
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APPENDIX / ATTACHMENTS
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