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FINAL MINUTES 5 November 2014

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Page 1: FINAL MINUTES - Mackay Regional Council · 2014-11-05 · FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 MIN/05.11.2011 FOLIO 35219 9.3 NOTICE OF MOTION - RECISION OF THE MOTION REGARDING

FINAL MINUTES

5 November 2014

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FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014

MIN/05.11.2011 FOLIO 35214

Table of Contents

Folio Date Particulars

35215 05.11.2014 Ordinary Meeting Minutes

35258 08.09.2014 - 05.10.2014 Community and Client Services Monthly Review for the

Period 8 September to 5 October 2014

35296 31.10.2014 Economic Development Monthly Review - October 2014

35304 14.10.2014 Minutes - Fields of Dreams Advisory Committee

35306 07.10.2014 Minutes - Natural Environment Advisory Committee

35308 13.10.2014 Minutes - Sustainable Futures Advisory Committee

Declaration of Perceived Conflict of Interest

Item 9.5 - Cr Casey

Page 3: FINAL MINUTES - Mackay Regional Council · 2014-11-05 · FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 MIN/05.11.2011 FOLIO 35219 9.3 NOTICE OF MOTION - RECISION OF THE MOTION REGARDING

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MIN/05.11.2011 FOLIO 35215

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, G J Martin, 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 10.04 am.

2. OPENING PRAYER:

Pastor Reno Klashorst led those present in Prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil

5. CONDOLENCES:

Council expressed their condolences on the passing of Mrs Sue Whitehead to her

husband John and their family. Sue was an active member of the Road Accident

Awareness Group (RAAG) and worked tireless to improve the conditions for her

community.

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6. CONFIRMATION OF MINUTES:

6.1 ORDINARY MEETING MINUTES - 22 OCTOBER 2014

THAT the Ordinary Meeting Minutes held on 22 October 2014 be

confirmed.

Moved Cr Casey Seconded Cr Perkins

CARRIED

7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. MAYORAL MINUTES:

Nil

9. CORRESPONDENCE AND OFFICERS’ REPORTS:

9.1 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW

FOR THE PERIOD 8 SEPTEMBER TO 5 OCTOBER 2014

Author Director Community and Client Services

Purpose

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

period 8 September to 5 October 2014 for information purposes.

Officer's Recommendation

THAT the Community and Client Services Monthly Review covering the period

8 September to 5 October 2014 be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Bonanno

CARRIED

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9.2 LEASE OF LAND: LEAP-YAKAPARI DISTRICT DEVELOPMENT

ASSOCIATION INC

File No 732120-007-RP

Author Manager Property Services

Purpose

To approve a request from the Leap-Yakapari District Development Association Inc for

a lease over Council Freehold land and Community Hall at 10 Westlake Drive The

Leap described as Lot 7 on RP732120.

Background/Discussion

In line with on-going reviews of Council facilities and in particular the 2011 Service

Level Review recommendation that Council further investigate the leasing of The Leap

Community Hall, Property Services officers have been negotiating with representatives

from groups in the Leap-Yakapari area to facilitate such goal being achieved.

The Leap Community Hall began as a community-owned facility. Residents in that

area raised funds, sought grants, and negotiated with government agencies to build the

hall. When a shortfall in funds meant the building couldn’t be completed, an approach

was made to (then) Mackay City Council to “take over” the completion of the project.

An agreement was reached that the hall would become the property of Council.

Residents in the Leap-Yakapari area have supported the ongoing functioning and

operation of the hall by fund-raising initially under the umbrella of the Leap

Community Hall Committee and more recently a newly established organisation – the

Leap-Yakapari District Development Association Inc. (LYDDA) which has a broader

scope to support the development of the social and community fabric of the area.

The Association has taken a keen interest in the use of the Hall and is now ready to

expand its role into the management and growth of the hall as a community meeting-

place.

Consultation and Communication

Establishment of the lease has been discussed with LYDDA, Community Development

Officers, Asset & Lease Officer, Planning Officers, Central Area Maintenance

Coordinator, Manager Waste Services, Manager Technical Services, Sport and

Recreation Coordinator and Manager Parks & Environment.

It was agreed that the lease should be established subject to the hall remaining as a

community facility and that the oval remain accessible for community and

sporting/recreation groups to utilise.

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Resource Implications

All costs incurred in respect to the preparation and lodgement of the lease document

will be borne by the lessee.

The lease will be a standard “community” type lease inclusive of peppercorn rental of

$50.00 per annum and other like conditions.

Risk Management Implications

If approved, the lease to LYDDA will include clauses that hand over the responsibility

of maintenance of the facility and grounds to LYDDA, which currently falls under

Council’s responsibility.

The group will be required to hold all appropriate insurances and has prepared a plan of

management to ensure the hall and surroundings are managed in a safe and prudent

manner.

Conclusion

Given that LYDDA has a long standing association with the community hall and have

an interest in developing community involvement, approving a ten year lease would be

the most advantageous outcome to Mackay Regional Council and the regional

community.

Officer's Recommendation

THAT Council approve a new lease for a term of ten (10) years in the name of

Leap-Yakapari District Development Association Inc. over Lot 7 on RP732120,

10 Westlake Drive The Leap with such lease to be a standard community lease

inclusive of peppercorn rental and other like conditions.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonanno

CARRIED

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9.3 NOTICE OF MOTION - RECISION OF THE MOTION

REGARDING THE LEASE OF LAND PIONEER POTTERS

MACKAY INC

Author Manager Property Services

Motion

THAT Council rescind the motion below, as adopted at the Ordinary Council

Meeting of 2 October 2013 with regard to the Lease of Land – Pioneer Potters

Mackay:-

9.6 Lease of Land- Pioneer Potters Mackay Inc.

THAT Council approve a renewed lease for a term of ten (10) years in

the name of Pioneer Potters Mackay Inc. over Lot 1 on RP702773, 8

Loughnane Court, North Mackay with such lease to be a standard

“community” type lease inclusive of peppercorn rental and other like

conditions.

Council Resolution

THAT the Motion be adopted.

Moved Cr Steindl Seconded Cr Gilbert

CARRIED

9.4 LEASE OF LAND: PIONEER POTTERS MACKAY INC.

File No 702773-001-RP

Author Manager Property Services

Purpose

To approve the renewal of the Pioneer Potters Mackay Inc. lease for an area of

approximately 389m2 being part of Lot 1 on SP262693, 8 Loughnane Court, North

Mackay.

Background/Discussion

Mackay Regional Council is the owner of Lot 1 on SP262693 located on the northern

end of Loughnane Court, North Mackay.

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Pioneer Shire Council established a 30 year lease with the Pioneer Potters Mackay Inc.

on the site in 1991, and such lease expired on 3 March 2011. Property Services and

Sport and Recreation staff entered into lease negotiations with the club to ensure all

requirements were met resulting in the completion of a Land Management Plan and

agreement being reached on lease conditions.

It is the club’s desire to remain on their current site with a renewed lease to allow them

to be able to carry on as a well-respected recreational organisation for their members

and the wider community. Council has experienced no major issues with the club over

the last 30 year period in regards to their compliance with lease conditions with both

the site and facilities being well maintained.

The previous lease contains a clause guaranteeing that if the club has been compliant

with the conditions of the lease a new 30 year lease will be issued to the club on

completion of the first lease. The club has complied with the conditions and legal

advice was sought on Councils ability to reduce the new term to 10 years to bring the

lease in line with our current lease periods, however our legal advice confirms the club

should be given another 30 year term. The new lease will be on the current

documentation with today’s standard clause, excepting the term.

Consultation and Communication

Committee Members Pioneer Potters Mackay Inc, Asset and Lease Officer, Property

Services and Sport and Recreation Coordinator, Community Lifestyle.

Solicitors SB Wright & Wright and Condie confirmed as compliance had been met by

the Lessees in respect to the previous lease Council is required to also meet compliance

by granting a new lease for the 30 year term.

Resource Implications

All costs incurred in respect of the preparation and lodgement of the lease document to

be borne by the lessee.

The lease will be a standard ‘community’ type lease inclusive of peppercorn rental of

$50.00 per annum and other like conditions.

Risk Management Implications

The Pioneer Potters Mackay Inc. have been in existence on the site for the past 30 years

helping people from across the region’s various communities to learn pottery. Should

the lease not be renewed, both our community and region would not be able to benefit

from the opportunities that arise from such a community group.

The group will be required to develop a plan of management ensuring the facility is

managed in a safe and prudent manner and the group also holds all appropriate

insurances.

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Conclusion

That the renewal of the lease to Pioneer Potters Mackay Inc. who have shown a long

term commitment to the land, its infrastructure and a diverse cross section of the local

community, is the most advantageous outcome to Mackay Regional Council.

Officer's Recommendation

THAT Council approve a renewed lease for a term of thirty (30) years in the

name of Pioneer Potters Mackay Inc. over Lot 1 on SP262693, 8 Loughnane

Court, North Mackay with such lease to be a standard ‘community’ type lease

inclusive of peppercorn rental and other like conditions.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Gilbert

CARRIED

Cr Casey declared that a perceived conflict of interest in Item 9.5 could exist (as per

section 173 of the Local Government Act 2009), due to him being a patron and life

member of the Mackay Hockey Association Inc., 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 is then recorded as per usual.

9.5 LEASE OF LAND: MACKAY HOCKEY ASSOCIATION INC.

File No 255646-091-SP

Author Manager Property Services

Purpose

To approve the renewal of Mackay Hockey Association Inc. lease for an area of

approximately 59,874m2 being part of Lot 91 on SP255646, 25 Harney Street, South

Mackay.

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Background/Discussion

Mackay Regional Council (MRC) is the trustee of Lot 91 on SP255646 located on 25

Harney Street, South Mackay. This lot adjoins the Mackay & Regional Football Zone,

and is in close vicinity to the South Mackay Sporting Precinct.

The current 10 year lease held by the Mackay Hockey Association Inc. (The

Association) was established in 2007, and will expire on 31 December 2016.

The Association submitted a request to MRC to remain on their current site with a

renewed lease to support their future applications for external funding. The club is

renewing the lease earlier than expected (current lease to be surrendered) to apply for

the development of a second artificial hockey playing surface with associated grounds

infrastructure, flood lighting and fencing through a grant. One of the grant conditions is

the provision of proof that the land tenure will be held for a minimum of five (5) years,

generating the need for the early renewal of the lease.

The laying of an additional artificial hockey playing surface will make the Association

eligible to host Queensland Junior Age and Senior Championships. At present with

only one artificial surface, the Association is not able to host championships higher

than under 15 boys and girls.

Renewing the Association lease may facilitate the development of additional sporting

facilities in the Mackay region which will benefit players and the wider community.

Consultation and Communication

Discussion has been held with Association Committee Members, Property Services

Assets and Lease Officer, Sport and Recreation Coordinator, Sport and Recreation

Officer.

Consultation took place with the Manager of Development Assessment in relation to

the close proximity of the hockey fields to the airport, advices received note that if

there are no new buildings involved then there should be no issue given that the activity

is an existing use and not being intensified.

Further consultation with Council’s Development Services provided the following

information:

It is considered that the proposed synthetic field would not intensify the ‘use’ of the

facility as it simply replaces one of the existing fields. A Material Change of Use would

not be required to convert an existing field into a synthetic field, similar to the fact that

no MCU was required to convert a bowling green to synthetic and put a roof over it (P

& E Court decision in relation to City Bowls Club) and for the Stadium Mackay when

they converted one of the JRL fields to the main stadium.

In relation to the Public Safety Zone, the additional synthetic playing field would not

increase the peak number of people on the premises, be they players or spectators.

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The proposed use is consistent with the sport and recreation zone. The provisions

relating to the Public Safety Zone states that safety risks for aircraft approaching and

departing from Mackay Airport are minimised through ensuring that development is

limited within the airport safety zones new development.

It will be strongly recommended that Mackay Hockey inform Mackay Airport of their

proposal before the commencement of works to confirm Safety Zone satisfaction.

The renewal of this trustee lease will be subject to the Minister’s Consent being

obtained from the Department of Natural Resources and Mines.

Resource Implications

All costs incurred in respect to the surrender, preparation and lodgement of the lease

documents to be borne by the lessee.

The lease will be a standard ‘trustee’ type lease inclusive of peppercorn rental of $50.00

per annum and other like conditions.

Risk Management Implications

Construction of the proposed additional synthetic playing field will be subject to

negotiations between Mackay Hockey Association Inc and Mackay Airport Pty Ltd

satisfying Public Safety Zone requirements. There are no other major risks associated

with the lease or proposed new synthetic field.

The Association has been located on the site for 54 years providing opportunities to the

regional community to both learn and play hockey, this has allowed local players to

compete in local and state level competitions. Should the lease not be renewed, the

Associations ability to grow and host Queensland Junior Age and Senior

Championships will be seriously hindered.

Mackay Hockey has also prepared a detailed volunteer management and operational

plan which addresses risk management concerns.

Conclusion

That the renewal of the lease to the Association, who have shown a long term

commitment to the land, its infrastructure and the local community, is the most

advantageous outcome for Mackay Regional Council.

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Officer's Recommendation

THAT Council approve a renewed lease for a term of ten (10) years in the name

of Mackay Hockey Association Inc. over an area of approximately 59,874m2

being part of Lot 91 on SP255646, 25 Harney Street, South Mackay, such lease to

commence from date of signing and be a standard ‘trustee’ type lease inclusive of

peppercorn rental and be subject to the following conditions:

1. Construction of the proposed additional synthetic playing field to be

subject to negotiations between Mackay Hockey Association Inc. and

Mackay Airport Pty Ltd satisfying Public Safety Zone requirements.

2. Approval of the Department of Natural Resources and Mines.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Walker

CARRIED

Cr Casey voted in favour of the motion.

9.6 LEASE OF SARINA RAILWAY STATION

File No 129947-125 & 173728-001-SP

Author Manager Property Services

Purpose

To approve a Lease Agreement being established between Mackay Regional Council

(Council) with Queensland Rail (“QR”) for the following areas within Lots 125 on

SP129947 and Lot 1 on SP173728 known as Lot 125 Station Lane, Sarina (“the

Lease”):-

A: Station Lane for incorporation into the local bikeway and pathway networks.

B: Sarina Railway Station for inclusion within the Fields of Dreams precinct.

C: Field of Dreams access road and car park upgrade.

Background/Discussion

LEASE AREAS - A and C

The Lease will also include an existing non-gazetted laneway known as Station Lane

which lies within the QR rail corridor, Council will utilise this laneway for the purposes

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of pedestrian / cycle way creation under the Active Towns Program and to improve

connectivity for bicycle and pedestrian movements.

The last part of the lease deals with legalising an encroachment by Council on QR land

to facilitate both current use and future upgrades to FOD roadways and car parks.

LEASE AREA - B

The Sarina Railway Station was identified in 2012 for possible inclusion in the Fields

of Dreams Parklands (FOD) which currently incorporates the Sarina Historic Centre,

Tourist Information Arts and Crafts Centre, Art Gallery and the Sarina Sugar Shed.

The station is still utilised as a pick-up and drop-off point for passengers but QR do not

have a staff presence at the station. Council being aware of this situation and seeing

opportunities for the building to be incorporated into FOD entered into negotiations

with QR to Lease the Sarina Railway Station which have proven to be successful.

Following acceptance and execution of the Lease Council would advertise the Sarina

Railway Station via Expression of Interest for sub-licence to a local community group

whilst ensuring the usage being expressed fits within the overall purpose of the

precinct.

Consultation and Communication

The establishment of the proposed lease has been discussed with the Manager

Technical Services, Facilities Planning Coordinator – Queensland Rail, Hywel Jones –

Landscape Architects and the Fields of Dreams Advisory Committee.

Resource Implications

Railway Station

The railway station has been inspected by Property Services Staff and it is estimated

that funding of $14,000.00 would be required to undertake the following work to

prepare the building for sub-leasing, it is proposed that responsibility for this cost be

part sub-lease negotiations:

Internal and external clean 4,000.00

Replace damaged fascia and Paint 1,000.00

Electrical Inspection, repairs, RCD testing etc. 1,500.00

Plumbing inspection/repairs 1,500.00

Asbestos Inspection/report 1,000.00

Fencing of platform 5,000.00

Approximate Costs $14,000.00

Station Lane

Station Lane funding is included within the $350,000.00 as allocated in the Technical

Services Program budget under the Active Towns Program to improve connectivity for

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bicycle and pedestrian movements, this work needs to be completed prior to the 30 June

2015.

Encroachment

No cost associated with this section, proposed works at the FOD will only be

undertaken as funding becomes available.

Lease

The lease term with QR will be 10 years for a prescribed rental of $1.00 with Council

being responsible for its legal costs.

Risk Management Implications

The main identified risk is the safety of sub-lessees and visitors to the station given that

trains will continue to stop at the platform, this aspect has been reviewed from a safety

aspect and discussed with QR representatives with the result being that the risk can be

negated through the erection of appropriate fencing on the platform.

Conclusion

That approving the establishment of the lease will benefit Council and the community

through enhancing the FOD precinct, improving connectivity for bicycle and pedestrian

movements and legalise a Council encroachment on QR land.

Officer's Recommendation

THAT Council consent to entering into a Lease Agreement with Queensland Rail

for areas A – Station Lane, B – Sarina Railway Station and C - Road

Encroachment within part of Lot 125 on SP129947 and Lot 1 on SP173728 for a

10 year period.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Perkins

CARRIED

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9.7 ECONOMIC DEVELOPMENT MONTHLY REVIEW - OCTOBER

2014

Author Manager Economic Development

Purpose

Attached is the Economic Development Monthly Review for the period of October

2014 for information purposes.

Background/Discussion

The Economic Development Program delivered a broad range of projects during the

month and achieved a number of milestones as outlined in the attached report.

Consultation and Communication

Consultation undertaken included City Centre Taskforce, Diversify Mackay Leadership

Alliance meeting, Mackay Regional Chamber of Commerce, Resource Industry

Network, Evans Avenue Business Group and the Department of State Development,

Infrastructure and Planning.

Communications included:

• Mackay City Centre Facebook Page

• Mackay City Centre Website

• e-Newsletters for the Sarina Focus Business Network, Regional Focus Business

Network and City Centre Business Network

Resource Implications

Nil

Risk Management Implications

Nil

Conclusion

The Economic Development Program has delivered a broad range projects during the

month including several cross-regional projects. City Centre marketing and

development is significant project which is supporting the City Centre Revitalisation

Project. The ‘first point of contact’ service fielded strong enquiry during the month and

the new Principal Economic Development Officer is settling into the role and proving

to be a value addition to the Team.

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Officer's Recommendation

THAT the Economic Development Monthly Review for the period October 2014

be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Martin Seconded Cr Bonanno

CARRIED

9.8 PETITION - REPAIR RETAINING WALL AND BACK FENCE -

CARTLEDGE COURT, NORTH MACKAY

Author Manager Technical Services

Purpose

Following Council's receipt of a petition from residents of Cartledge Court, North

Mackay, investigations into the reported issues have been undertaken as required and

our assessment of the issues indicated are submitted for consideration by Council.

Background/Discussion

Following receipt of the petition to Council, investigations into the reported issues have

been undertaken. The rock retaining wall was constructed as part of drainage

infrastructure required under DA-2005-332A and OW-2009-37 associated with the

Mackay Christian College development of the new school campus and 30 lot residential

subdivision at 42 Valley Street, North Mackay.

The works were completed in late 2010 and are now off maintenance. Negotiations are

ongoing regarding the responsibility for ongoing maintenance regarding vegetation

growth in the drain and the ongoing maintenance and operation of the water quality

device.

The basis of the petition stated that the land at the rear of the properties has sunk and

water run-off has eroded the back fence retaining posts and retaining wall.

A summary of inspections undertaken at the site are as follows:

1. The Cartledge Street open drain is approximately 130m long, between Elizabeth

Street and the detention basin on the western side of Ambrose Way.

2. There is 110m of rock retaining wall on the northern side and 130m of rock

retaining wall on the southern side.

3. There is some minor piping along both banks due mainly to inter allotment

drainage.

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4. The piping on the southern side is regular but small in size and does not appear

to be affecting the fencing. The houses are set along Zammit Street and possibly

have no roof drainage systems in place resulting in larger volumes of storm

water flowing over the wall. The surface of the land between the rock wall and

the property fences was hydro mulched.

5. There appears to be no obvious movement of the wall on the southern side.

6. The piping on the northern side is irregular and small in size and does not

appear to be affecting the fencing. There is some property erosion under the

fence that has not affected the structural integrity of the fence.

7. The houses in this area are larger and the allotments smaller, they should all

have roof drainage systems to Cartledge Court and the allotments all slope

towards the street.

8. There is some minor movement of the face of the wall on the northern side

towards the eastern end (behind 10 & 12 Cartledge Court) however this is

cosmetic only with no major movements to the wall structure.

9. No. 8 Cartledge Court has placed an overflow pipe from a rainwater tank into

the drain rather than connecting to internal stormwater draining.

10. There is some rotation of the fence behind 12 Cartledge Court but no damage to

the fence structure exists

11. Some erosion has occurred around fence post foundations and under the fence

from property overland flow.

12. In areas some consolidation of the site has occurred.

13. Installation of slab on ground residences and pathways have redirected the

designed overland flow path from toward Cartledge Court to the rear drainage

path.

14. Residents have taken measures to repair some erosion by filling the areas

affected with grass clippings and soil, which appears to be creating rot on

bottoms of palings as does turf installation which appears to have been affected

after the fence was erected.

15. Residents appear to be using the drain easement banks as a pedestrian path

where no intention existed for this to occur

In summary:

No serious defects were found.

The fence is sound with minor sinking of a post at 8 Cartledge Court.

Some rotation of the fence has occurred at 12 Cartledge Court.

There appears to be little evidence of damage to the fence from movement of

the rock wall behind the properties.

Movement could be attributed to consolidation of site fill and the effects of

weather/wind events recorded over the last few seasons.

Erosion of areas around posts appears to be generated by internal overland flow

issues

Signage should be erected to prevent pedestrian access along the drain batters.

Given the above it is suggested that the basis of the petition is not found to be valid.

Council has ongoing 'normal' maintenance requirements as follows and ongoing

discussions are to be held with Mackay Christian College as it is believed that mowing

operations in this area forms part of the water quality requirements for the area which is

their ongoing responsibility:

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Regrouting of rock wall joints and repair of displaced sections.

Ensure subsoil drainage installations are in operational condition and flushed on

a regular basis.

Erection of signage to exclude pedestrian access

Consultation and Communication

There was consultation with the following Council staff:

Director Engineering & Commercial Infrastructure

Manager Technical Services

Manager Civil Operations

Manager Development Engineering

Resource Implications

Minor repairs and ongoing maintenance works are currently funded via current

allocations.

Risk Management Implications

Nil.

Conclusion

Inspections indicate that no implications exist from the constructed retaining wall at the

location indicated and the basis of the petition is unfounded. Some maintenance works

are required to be undertaken and these should be undertaken via normal maintenance

allocation.

Officer's Recommendation

THAT Council note that following an inspection of the site that the basis of the

petition in relation to fence and retaining wall stability appears unfounded.

Maintenance works required will be scheduled to be undertaken by Civil

Operations.

FURTHER THAT the principal petitioner be advised of the outcome of the

investigation.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Casey Seconded Cr Bonaventura

CARRIED

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10. CONSIDERATION OF COMMITTEE REPORTS:

10.1 DRAFT MINUTES FIELDS OF DREAMS ADVISORY

COMMITTEE

Author Manager Property Services

Purpose

Attached is a copy of the draft minutes of the Fields of Dreams Advisory Committee

meeting held on 14 October 2014 for information purposes.

Officer's Recommendation

THAT the minutes of the Fields of Dreams Advisory Committee of 14 October

2014 be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonanno Seconded Cr Martin

CARRIED

10.2 DRAFT MINUTES NATURAL ENVIRONMENT ADVISORY

COMMITTEE

File No NEAC Minutes

Author Manager Parks and Environment

Purpose

Attached is a copy of the draft Natural Environment Advisory Committee Meeting

Minutes dated 7 October 2014, for information purposes.

Officer's Recommendation

THAT the publication cost of $65,000 for the Eungella book being prepared by

Griffith University is jointly funded from the Sustainability budget and the

Natural Environment Fund.

FURTHER THAT the Minutes of the Natural Environment Advisory Committee

Meeting of 7 October 2014 be received.

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Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Morgan Seconded Cr Jones

CARRIED

10.3 DRAFT SUSTAINABLE FUTURES ADVISORY COMMITTEE

MEETING MINUTES - 13 OCTOBER 2014

Author Executive Officer Sustainability and Collaboration

Purpose

To present to Council the draft Sustainable Futures Advisory Committee Meeting

Minutes dated 13 October 2014 for information purposes.

Officer's Recommendation

THAT the publication cost for the Eungella book being prepared by Griffith

University is jointly funded from the Sustainability budget and the Natural

Environment Fund.

FURTHER THAT the draft Minutes for the Sustainable Futures Advisory

Committee Meeting of 13 October 2014 be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Morgan Seconded Cr Steindl

CARRIED

11. RECEIPT OF PETITIONS:

Nil

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12. TENDERS:

12.1 TENDER: MRC 2015-027 MACKAY ENTERTAINMENT AND

CONVENTION CENTRE AIR CONDITIONING REFURBISHMENT

File No MRC 2015-027 Mackay Entertainment and Convention Centre Air

Conditioning Refurbishment

Author Manager MECC and Events

Purpose

To present to Council for approval, tenders submitted for MRC 2015-027 Mackay

Entertainment and Convention Centre Air Conditioning Refurbishment.

Background/Discussion

Mackay Regional Council (Council) issued tender documents seeking submissions

from suitably licenced and resourced contractors to undertake the refurbishment of the

air conditioning located in the Mackay Entertainment Centre due to ongoing

operational issues with the original system installed in 1987.

The works include the supply of labour, equipment and materials for replacement of the

main mechanical services plant.

Due to the nature of the facilities, access for the major component of work is minimal

and shall be finalised within the building’s shutdown period of nine (9) weeks

commencing 14 December 2014.

Tenders were invited on 6 September 2014 via Council’s website and advertised locally

in the Daily Mercury.

Tenderers were invited to a site meeting on 18 September 2014 with Council

encouraging attendance to ensure a full understanding of the scope of works required.

The following submissions were received by the closing time of 5.00pm Tuesday 30

September 2014:

a) AE Smith & Son (NQ) Pty Ltd Head office VIC with local office

b) Airconstruct HVAC Pty Ltd Local business

c) Johnson Controls Australia Pty Ltd Head office NSW

d) MVO Airconditioning Pty Ltd Based Townsville

e) Northpine Aust Pty Ltd Based Brisbane

f) Wisely Services Pty Ltd Local business

Of the submissions received, Airconstruct HVAC Pty Ltd and Wisely Services Pty Ltd

are local businesses and AE Smith & Son (NQ) Pty Ltd has a local office.

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An initial compliance check was conducted on 1 October 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.

All submissions were progressed through to the qualitative criteria assessment on the

basis that all terms, 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 criteria was:

a) Relevant Experience 15%

b) Key Personnel Skills and Experience 15%

c) Tenderers Resources 10%

d) Demonstrated Understanding 20%

e) Value for Money 30%

f) Local Content 10%

The tendered lump sum prices are listed below:

Tenderer

Lump Sum total

(Excluding GST)

Northpine Aust Pty Ltd $ 799,850.00

AE Smith & Son (NQ) Pty Ltd $ 984,310.00

Airconstruct HVAC Pty Ltd $ 1,076,663.00

Johnson Controls Australia Pty Ltd $ 1,124,248.00

MVO Airconditioning Pty Ltd $ 1,354,560.00

Wisely Services Pty Ltd $ 1,809,279.46

The qualitative criteria assessment was carried out by the evaluation panel on 3 October

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 AE Smith & Son (NQ) Pty Ltd on 8

October 2014 requesting confirmation of their day labour rates for any additional work

that may become necessary during the completion of the scope of works.

Airconstruct HVAC Pty Ltd nominated two conforming options in relation to the

chillers to be installed as per the scope of works. Council issued a TIR on the 8

October 2014 requesting further technical details for both options.

The evaluation panel reviewed the TIR responses and determined that the day rates

offered by AE Smith & Son (NQ) Pty Ltd were similar to current industry standard

rates and that both conforming options provided by Airconstruct HVAC Pty Ltd in

relation to the chillers to be installed are in accordance with Council’s requirements.

The evaluation panel undertook final scoring on 9 October 2014.

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Northpine Aust Pty Ltd tendered the lowest lump sum price, however the complex

nature of the works and non-attendance at the site inspection resulted in a submitted

price that is believed to be unsustainable and below average industry rates.

The submission received from AE Smith & Sons (NQ) Pty Ltd is competitively priced

however some fundamental issues were identified within their submission, which has

the potential to place Council at risk in both the long and short term. Council placed

significant emphasis on the safety in design of the new air conditioning configuration in

the request for tender. The evaluation panel agreed that the location nominated in their

submission for the relocation of the air handling unit did not address the safety issues

identified and would not result in the ability for future contractors to safely service the

units.

The evaluation panel further considered the response received from AE Smith & Sons

(NQ) Pty Ltd in relation to the design for the supply and return fan configuration. The

evaluation panel noted some concerns as to the serviceability of this area if the

configuration was to remain as per the original design.

Further TIRs were issued to AE Smith & Sons (NQ) Pty Ltd on 16 and 22 October

2014 requesting clarification in relation to the height safety allocations for the air-

handling units and plant room design regarding contingency measures put in place to

mitigate the potential risk to service personnel along with a request to identify any

potential cost savings available to Council.

AE Smith & Sons (NQ) Pty Ltd confirmed their original methodology in relation to the

sequencing of works for the installation of the air-handling units and the plant room

design. They provided a reduction in their lump sum price with an adjusted price of

$979,310.00 (excluding GST).

The Entertainment Centre has a number of challenges in relation to height and fire

safety within the plant rooms and air-handling areas, which stem from the original

design of the facility. The potential risk has been identified and well-thought-out by

Airconstruct HVAC Pty Ltd with solutions well documented within their submission,

mitigating potential risk to Council.

Following the review of the submissions and TIR responses, the panel agreed that

Airconstruct HVAC Pty Ltd have shown a superior level of attention to safety,

particularly in the design components, provided details indicating a high level of

industry experience, demonstrated a strong understanding of Council’s requirements

including the provisions of a Gantt chart demonstrating the completion of works within

Council’s strict time frame and further provided ongoing value for money to Council.

The evaluation panel nominated Airconstruct HVAC Pty Ltd as the preferred tender. A

TIR was issued to Airconstruct HVAC Pty Ltd on 16 October 2014 requesting the

identification of any potential cost savings available to Council.

Airconstruct HVAC Pty Ltd responded with a discount offered by their supply chain

which resulted in a cost saving to Council. Their adjusted price offered is a total lump

sum price of $1,044,663.00 (excluding GST).

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The evaluation panel recommend that Airconstruct HVAC Pty Ltd be awarded the

contract due to their demonstrated experience, value for money to Council and ability

to complete the works in a safe and timely manner.

The evaluation of the tender was conducted by:

Manager MECC and Events

Assistant Precinct Manager MECC and Events

Contracts Coordinator Procurement and Plant

Consultation and Communication

Consultation was conducted between MECC and Procurement and Plant prior to and

during the tender evaluation process.

Resource Implications

Description Amount Notes

Project Name

Expenditure to Date $ 13,950.15 A E Smith to design Tender

specifications

Contract Price $1,044,663.00 Airconstruct

Project risks $ 60,000.00 Contingency allowed

Council’s costs $ 25,000.00 Superintendent wages and Fire System

management costs.

Estimated Cost of

Project

$1,143,613.15

BUDGET

Budget for 2014/2015 $1,200,000.00

BALANCE $ 56,386.85

Risk Management Implications

The risk management of this tender has been mitigated by extensive scoping of the

building repairs and replacement needed. The risk levels, both likelihood and impacts,

are considered low on this tender.

The program time frames have a risk score of medium due to the time frame for

completion of nine working weeks, together with the Christmas period.

Risks associated with timing of the project are completing installation in a tight time

frame. The preferred tenderer, Airconstruct HVAC Pty Ltd, have presented a Program

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clearly demonstrating that they are able to achieve delivery of the scope of works

within this strict time frame.

The conditions of contract provide sufficient remedies to Council based on the risk

profile of the services being provided.

The recommended tenderer is required to provide all relevant insurances, work health

and safety and other regulatory compliances prior to the executing of their contract.

This includes:

Product Liability - $20,000,000.00

Public Liability - $20,000,000.00

WorkCover - As required by law

Plant and Equipment - Full Market Value

All respondents were required to demonstrate in their submissions on how they will

manage safety, environment and quality elements of their management systems and

these were assessed as part of the evaluation process.

Conclusion

That awarding the contract to Airconstruct HVAC Pty Ltd represents the most

advantageous outcome and demonstrated value for money to Mackay Regional Council

based on the added value provided in their submission, their demonstrated

understanding of Council’s requirements, organisational experience and capacity to

provide quality services within a strict timeframe.

Officer's Recommendation

THAT Council award contract MRC 2015-027 Mackay Entertainment and

Convention Centre Air Conditioning Refurbishment to Airconstruct HVAC Pty

Ltd for the lump sum tender price of $1,044,663.00 (excluding GST).

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonanno Seconded Cr Jones

CARRIED

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12.2 TENDER: MRC 2015-010 LEASE OF SARINA SWIMMING POOL

File No MRC 2015-010 Lease of Sarina Swimming Pool

Author Manager Property Services

Purpose

To present to Council for approval, tender submitted for MRC 2015-010 Lease of

Sarina Swimming Pool.

Background/Discussion

Mackay Regional Council (Council) issued tender documents for the Lease of the

Sarina Swimming Pool.

The successful tenderer is to enter into lease arrangement for the Sarina Swimming

Pool for an initial term of twelve months with the option of a further two individual

options at two years each.

The Lessee is required to operate the pool seven (7) days a week including public

holidays (but excluding Christmas Day, Boxing Day, Good Friday, New Year’s Day

and Anzac Day) during the swimming season, with hours to be determined by the

Landlord.

The Lessee will be responsible for all repairs and maintenance with the exception of

capital repairs, maintenance and replacements (except for damage caused through

negligence of the Lessee), telephone charges and the maintenance of appropriate

insurances. Council will provide chemicals associated with the maintenance of water

quality for the term of the lease.

Tenders were invited on the 2 August 2014, via Council’s website and advertised

locally in the Daily Mercury.

The following submissions were received by the closing time of 10.00am Tuesday 2

September 2014.

a) LTS Leisure Pty Ltd

b) Brylaw Pty Ltd (T/A Pat Wright Swim School)

Of the submissions received, both are local businesses within the Mackay Region.

An initial compliance check was conducted on 5 September 2014 to identify

submissions that were non-conforming with the requirements of the Request for Tender

(RFT). This included compliance with contractual requirements and provision of

requested information.

All submissions were progressed through to the qualitative criteria assessment on the

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

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Prior to undertaking the Qualitative Assessment Tender Information Requests (TIR’s)

were issued to both LTS Leisure Pty Ltd and Brylaw Pty Ltd (T/A Pat Wright Swim

School) to clarify responses within their tender responses.

During the evaluation, tenderers were assessed against the nominated qualitative

criteria. The weighting attributed to each qualitative criteria was:

a) Financial Capacity 30%

b) Respondents Experience 20%

c) Pool Operating Qualifications 20%

d) Demonstrated Use of Premise 20%

e) Local Content 10%

The tendered monthly fees payable by Council are listed below, excluding GST:

a) LTS Leisure Pty Ltd $7,954.55

b) Brylaw Pty Ltd (T/A Pat Wright Swim School) $5,348.11

The qualitative criteria assessment was carried out by the evaluation panel on 18

September 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 perceived and agreed by the evaluation

panel. Relative weightings were published within the RFT.

Following the qualitative criteria assessment further TIR’s were issued. Brylaw Pty Ltd

(T/A Pat Wright Swim School) were asked to provide further information relating to

their response to evaluation criteria. LTS Leisure Pty Ltd were requested to clarify

financial information received within their tender submission and subsequent tender

information requests responses.

The evaluation panel reviewed the responses and finalised scoring on 14 October 2014.

Based on the evaluation panel scoring Brylaw Pty Ltd (T/A Pat Wright Swim School)

has the highest qualitative score, submitted the lowest fixed price and was the preferred

tenderer with the highest combined qualitative/price score.

Brylaw Pty Ltd (T/A Pat Wright Swim School) has demonstrated extensive industry

experience, a high level of staff qualifications and has demonstrated the provision of a

beneficial outcome to the local community with functional use of the premises.

The evaluation of the tender was conducted by:

Coordinator Property Services – Property Services

Asset & Lease Officer – Property Services

Contracts Officer – Procurement and Plant

Consultation and Communication

Consultation was conducted between Property Services and other programs within

Council prior to the Request for Tender being released.

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Negotiations with the Department of Education, Training and Employment pertaining

to the Head Lease are still in the process of being finalised.

Resource Implications

Description Amount Notes

Project Name Sarina Swimming Pool Complex –

Sub Lease

Expenditure to Date $0.00

Contract Price $5,348.11

(Fixed month

LS price (Excl

GST)

Brylaw Pty Ltd (T/A Pat Wright Swim

School)

Project risks $0.00 N/A

Estimated Cost of

Project

$64,177.32 Annualised amount

BUDGET

Budget for 2014/2015 $38,500.00

BALANCE $25,677.32 / over expenditure

Staff will look to cover expenditure through operational savings in Council’s regional

swim centres budgets during the 2014/15 year.

Note: Council also has expenditure external to the contract fee to run the Sarina Pool

which equates to $33,000.

Risk Management Implications

The procurement process has ensured that the recommended lessee has required

insurances and that staff will hold qualifications and be trained in all aspects of pool

operation to negate Council’s risk.

Lessee compliance will be monitored by Property Services staff.

Conclusion

That awarding the contract to Brylaw Pty Ltd (T/A Pat Wright Swim School) represents

the most advantageous outcome and demonstrated value for money to Mackay

Regional Council based on their experience and demonstrated understanding of

Council’s requirements.

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Officer's Recommendation

THAT Council approve the tender submitted by Brylaw Pty Ltd T/A Pat Wright

Swim School for MRC 2015 – 010 Lease of Sarina Swimming Pool (Sub-Lease)

for the fixed monthly lump sum price of $5,348.11 (excluding GST), subject to

the term and conditions of the lease being confirmed by the Department of

Education, Training and Employment (In line with Head Lease) and that Council

and Brylaw Pty Ltd re-negotiate the term, conditions and lease payment based on

direction received from the department.

FURTHER THAT Council enter in a Memorandum of Understanding with

Brylaw Pty Ltd T/A Pat Wright Swim School, to supply services as defined by

Council, prior to and up to 3 December 2014.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonaventura

CARRIED

12.3 MRC 2015-015 TELEMETRY UPGRADE

File No MRC 2015-015 Telemetry Upgrade

Author Manager Infrastructure Delivery

Purpose

To present to Council for approval, tenders submitted for MRC 2015-015 Telemetry

Upgrade.

Background/Discussion

A control system strategy was developed and ratified in 2010 to review the most

appropriate options for the management, development, operation and maintenance of

Mackay Water Services control systems assets for sewerage and water networks,

sewage treatment plants and water treatment plants.

The next stage of upgrade works includes 10 work packages that include replacing

obsolete telemetry assets including Remote Terminal Units (RTU’s) and radios,

installing float switches and level sensors at water reservoirs and sewage pump station

wells, and installing new RTUs and radios at currently unmonitored sites.

Mackay Regional Council (Council) therefore issued a request for tender (RFT) seeking

a suitably experienced and resourced contractor to carry out minor electrical and

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telemetry system upgrades to water and waste infrastructure at a number of sites across

the region.

Council requested that tenderers provide prices based on the 10 individual packages,

with package 6 including the following two options:

Package 6 - option A

Replacing the existing Alpha PLC at Seaforth Sewage Treatment Plant (Alpha used

for SMS alarming) with a new SCADAPack 357e and Viper SC400. The new

telemetry hardware will be used to interface the treatment plant control system with

Paget ClearSCADA via Mt Blackwood Repeater. It is anticipated that I/O will be

wired from the existing STP switchboard to the new SCADAPack RTU.

Package 6 - option B (Preferred Option)

Replace existing Alpha PLCs (all 3) at Seaforth Sewage Treatment Plant with a new

SCADAPack 357e RTU and Viper SC400. The control of the STP will be achieved

via ISAGraf in the new RTU and the Viper radio will be used to transfer data to and

from the Pioneer Valley ClearSCADA for monitoring and limited control of the

STP.

Tenders were invited on 26 July 2014, via Council’s website and advertised locally in

the Daily Mercury.

The following submissions were received by the closing time of 10.00am Tuesday 2

September 2014:

Comlek Group Mackay Based

G & S Engineering Services Pty Ltd Perth Registered Office - Mackay Office

Industrial Controls Australia Pty Ltd Gympie Based

Closedane Pty Ltd T/A JM Switchboards Cairns Based

LogiCamms Northern Pty Ltd Brisbane Based – Mackay Office

Monadelphous Engineering Pty Ltd Brisbane Based – Mackay Office

MPA Engineering Pty Ltd Townsville Based

Of the submissions received, Comlek Group is a local business with the Mackay

Region. G & S Engineering Services Pty Ltd, LogiCamms Northern Pty Ltd and

Monadelphous Engineering Pty Ltd have offices located in Mackay.

An initial compliance check was conducted on 5 September 2014 to identify

submissions that were non-conforming with the requirements of the RFT. This

included compliance with contractual requirements and provision of requested

information.

All submissions were progressed through to the qualitative criteria assessment on the

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

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During the evaluation, tenderers were assessed against the nominated qualitative

criteria. The weighting attributed to each qualitative criteria was:

a) Relevant Experience 25%

b) Key Personnel Skills and Experience 25%

c) Tenderers’ Resources 20%

d) Demonstrated Understanding 20%

e) Local Content 10%

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

Comlek Group $ 393,574.01

MPA Engineering Pty Ltd $ 490,550.00

G & S Engineering Services Pty Ltd $ 540,462.53

Industrial Controls Australia Pty Ltd $ 756,090.00

LogiCamms Northern Pty Ltd $ 762,154.00

Closedane Pty Ltd T/A JM Switchboards $ 939,790.00

Monadelphous Engineering Pty Ltd $1,072,148.00

The qualitative criteria assessment was carried out by the Evaluation Panel on 11

September 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 perceived and agreed by the evaluation

panel. Relative weightings were published within the RFT.

A Tender Information Request (TIR) was issued to MPA Engineering Pty Ltd

requesting they provide clarification in relation to responses to the evaluation criteria.

Their response was received within the required timeframe and reviewed by the

evaluation panel.

The evaluation panel reviewed the response and finalised scoring on 1 October 2014.

Based on the evaluation panel scoring local company Comlek Group has the highest

qualitative score, submitted the lowest fixed price and was the preferred tenderer with

the highest combined qualitative/price score.

Comlek Group has demonstrated proven experience in undertaking and delivering

works of a similar nature. They provide a comprehensive demonstration of their

methodology for undertaking the works, a thorough understanding of Council’s

requirements and represent a value for money outcome to Council. The evaluation

panel recommends Comlek Group be awarded the contract, including Option B for

package 6, as per their submission.

The evaluation of the tender was conducted by:

Senior Engineer – Infrastructure Delivery

Project Engineer – Infrastructure Delivery

Contracts Officer – Procurement and Plant

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Consultation and Communication

Consultation was conducted between Infrastructure Delivery and other programs within

Council prior to the Request for Tender being released. These included Network and

Treatment Operations for the project scope and Procurement and Plant through the

Tender process.

Resource Implications

The funding for these works is in the WWS Water Capital Budget 2014/15 – 60250 &

73007 – Digitisation of Telemetry (Water and Sewage) with a combined budget of

$450,000.

Description Amount Notes

60250 - Digitisation of Telemetry (Water)

Expenditure to date $20,697.00 Includes completion of 13/14 works

Contract Price $177,108.30 Comlek Group

(Portion of Tender price attributable

to water assets)

Project Risks $16,000 Approx 10% of contract price

Project Management $10,000 Estimate on internal costs

Estimated cost of

Project

$223,805.30

BUDGET

Budget for 14/15 $200,000

BALANCE ($23.850.30) The likely budget shortfall will be

funded via another project or

through a quarterly budget review

73007 - Digitisation of Telemetry (Sewerage)

Expenditure to date $4,526.00 Includes completion of 13/14 works

Contract Price $216,465.71 Comlek Group – Option 6B

(Portion of Tender price attributable

to sewerage assets)

Project Risks $19,000 Approx 10% of contract price

Project Management $10,000 Estimate on internal costs

Estimated cost of

Project

$249,991.71

BUDGET

Budget for 14/15 $250,000

BALANCE $8.29

The estimated shortfall of approximately $25,000 for the water project, if realised, will

be addressed through a transfer from another project or in the 3rd

Quarter FY14/15

WWS capital budget review in March 2015.

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Risk Management Implications

Telemetry assets such as RTUs and radios at water and waste pump stations and

reservoirs are critical for remote monitoring (e.g. early warning of sewage pump

failures, impending overflows or low/high levels in reservoirs) and automatic control

(automatic starting and stop of pumps to fill water reservoirs as an example).

Mackay Water Services telemetry assets have previously been identified as obsolete

and a staged approach has been undertaken to replace them with modern and reliable

assets. The works planned in FY14/15 are a continuation of that strategy and include

replacement of a number of obsolete assets as well the installation of new assets at

previously unmonitored sites.

Conclusion

That awarding the contract to Comlek Group, including Option B for Package 6,

represents the most advantageous outcome and demonstrated value for money to

Mackay Regional Council based on their experience and demonstrated understanding

of Council’s requirements.

Officer's Recommendation

THAT Council award contract MRC 2015-015 Telemetry Upgrade to Comlek

Group, including Option B for Package 6, for the Lump Sum Tender price of

$393,574.01 (excl GST).

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Gilbert Seconded Cr Walker

CARRIED

12.4 SUPPLY AND DELIVERY OF TRAFFIC CONTROL SIGNS AND

DEVICES

Author Manager Procurement and Plant

Purpose

To present to Council tenders submitted for MRC 2015-014 Preferred Supplier

Arrangement – Supply and Delivery of Traffic Control Signs and Devices.

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Background/Discussion

Preferred Supplier Arrangements (PSA) have proven to be a cost-effective means of

supplying high usage items utilised by council’s operation departments whilst

satisfying legislative requirements.

Considerable delays to operational activities would be incurred if tenders were to be

obtained in each instance, as stipulated under section 226 Local Government

Regulation 2012. In order to gain cost efficiencies and competitive market rates due to

the economies of scale achieved by aggregating demand, Council issued the Request

for Tender (RFT) MRC 2015-014 PSA – Supply and delivery of traffic control signs

and devices.

The proposed commencement date for this contract is 10 November 2014, for a twenty-

four (24) month period, with a provision for rise and fall after each twelve (12) months

and an option of a twelve month extension period.

Tenders were invited on 19 July 2014, via council’s website and advertised locally in

the Daily Mercury seeking submissions for the supply and delivery of traffic control

signs and devices.

The following responses were received by the closing date of 12 August 2014 at

10.00am:

Artcraft Pty Ltd Townsville Based

Delnorth Pty Ltd NSW Based

Enviropost Australia Brisbane Based

HiVis Signs and Safety NSW Based

JMP Signage Pty Ltd Brisbane Based

McGinns Engineering Supplies Mackay Based

Protector Alsafe Pty Ltd Brisbane Based with local branch

Reflective Signs and Decals Pty Ltd Brisbane Based

HJD Industries Pty Ltd T/A Road Management

Solutions

Brisbane Based

Roadside Products Pty Ltd

Brisbane Based

SafeSignShop Pty Ltd Gold Coast Based

Traffic Control Supplies Pty Ltd Brisbane Based

Of the submissions received, McGinns Engineering Supplies (McGinns) are the only

supplier who is local to the Mackay region. McGinns offer was for four items only.

An initial compliance check was conducted on 14 August 2014 to identify submissions

that were non-conforming with the requirements of the RFT. This includes compliance

with the contractual requirements and provision of requested information.

HiVis Signs and Safety were deemed non-conforming as they did not provide any

pricing.

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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.

The tender assessment was carried out by the evaluation panel on 17 September 2014

with the evaluation panel assessing submissions against the nominated criteria. The

weighting attributed to each criteria was:

Value for Money - 90%

Local Content - 10%

A number of Tender Information Requests (TIR) were issued, as follows:

Artcraft Pty Ltd were issued with TIR’s on 17 September 2014, 26 September 2014 and

29 September 2014 requesting the following information:

Samples of products

Confirmation of box quantities of products

Confirmation of product pricing

Enviropost Australia were issued with TIR’s on 16 September 2014 and 26 September

2014 requesting the following information:

Samples of products

Confirmation of box quantities of products

JMP Signage Pty Ltd were issued with TIR’s on 23 September 2014 and 29 September

2014 requesting the following information:

Confirmation of box quantities of products

Confirmation of product pricing

Protector Alsafe Pty Ltd were issued with TIR’s on 17 September 2014 and 25

September 2014 requesting the following information:

Confirmation of box quantities of products

Confirmation of product pricing

Technical information on particular products

Samples of products

Reflective Signs and Decals Pty Ltd were issued with TIR’s on 17 September 2014 and

29 September 2014 requesting the following information:

Confirmation of box quantities of products

Confirmation of product pricing

Samples of products

HJD Industries Pty Ltd TA Road Management Solutions (RMS) were issued with TIR’s

on 17 September 2014 and 29 September 2014 requesting the following information:

Confirmation of product pricing

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Samples of products

Roadside Products Pty Ltd were issued with a TIR on 17 September 2014 requesting the

following information:

Samples of products

SafeSignShop Pty Ltd were issued with TIR’s on 17 September 2014 requesting the

following information:

Confirmation of product pricing

Technical information on particular products

Traffic Control Supplies Pty Ltd were issued with TIR’s on 29 September 2014

requesting the following information:

Confirmation of product pricing

The evaluation panel received and reviewed all responses to the TIR’s received

including trialling product samples received for brands or items which have not

previously been used by Council. Recommendations for these items were based on the

quality of products nominated in tenderers submissions.

Following the review of the submissions and TIR’s, the evaluation panel acknowledged

that all conforming respondents were capable of supplying the items tendered on, to

Council specifications and that all respondents will be awarded items on this tender.

In some instances, the evaluation panel recommended items that have provided a high

degree of operational performance as the preferred product by the majority of

employees, required compatibility with existing items and provided administrative cost

efficiencies. In the instances where the product or brand was identified as preferred, the

cheapest supplier of each item was selected.

The evaluation of the tenders was conducted by:

Warehouse Supervisor - Procurement and Plant

Contracts Coordinator - Procurement and Plant

Construction Engineer - Civil Projects

Supervisor Linemarking & Signs - Civil Operations

Supervisor Roads & Drainage - Civil Operations

Consultation and Communication

Prior to releasing the RFT, all operational branches were consulted to ensure all

requirements were specified in the tender documentation.

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Resource Implications

The PSA – Supply and delivery of traffic control signs and devices contract is a

schedule of rates contract, which is utilised on an as required basis with funding to be

provided from relevant department budgets.

Based on the usage as detailed in the tender documents and utilising the rates of the

recommended providers, the contract has the potential total value of approximately

$581,942.76 (excluding GST) for the 24 month period.

The total value of the last contract based on the same usage figures was $644,962.22

(excluding GST), resulting in an approximate 10.5% decrease. This is due to decrease

in price in a number of high use items and the competitive tendering process.

Risk Management Implications

The general conditions of contract provide sufficient remedies and warranties to council

based on the risk profile of the goods being provided. This includes compliance with

relevant Australian Standards and regulations.

The recommended respondents are required to provide all relevant insurance and

compliances prior to the executing of their contracts. This includes:

Product Liability - $20,000,000.00

Public Liability - $20,000,000.00

Workcover - As required by law

Conclusion

It is recommended that MRC 2015-014 Preferred Supplier Arrangement – supply and

delivery of traffic control signs and devices for a twenty-four month period with a

twelve month extension period and the provision of rise and fall after each twelve

months period, commencing 10 November 2014, be awarded to:

Artcraft Pty Ltd - 164 items

Delnorth Pty Ltd - 2 items

Enviropost Australia - 2 items

JMP Signage Pty Ltd- 55 items

McGinns Engineering Supplies - 2 items

Protector Alsafe Pty Ltd - 36 items

Reflective Signs and Decals Pty Ltd - 10 items

Roadside Products Pty Ltd - 8 items

SafeSignsShop Pty Ltd - 5 items

Traffic Control Supplies Pty Ltd - 4 items

HJD Industries Pty Ltd trading as Road Management Solutions - 37 items

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Officer's Recommendation

THAT Council award tender MRC 2015-014 Preferred Supplier Arrangement –

supply and delivery of traffic control signs and devices for a twenty-four month

period with a twelve month extension period and the provision of rise and fall

after each twelve months, commencing 10 November 2014 to:

Artcraft Pty Ltd - 164 items

Delnorth Pty Ltd - 2 items

Enviropost Australia - 2 items

JMP Signage Pty Ltd - 55 items

McGinns Engineering Supplies - 2 items

Protector Alsafe Pty Ltd - 36 items

Reflective Signs and Decals Pty Ltd - 10 items

Roadside Products Pty Ltd - 8 items

SafeSignsShop Pty Ltd - 5 items

Traffic Control Supplies Pty Ltd - 4 items

HJD Industries Pty Ltd trading as Road Management Solutions - 37 items

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Casey

CARRIED

13. CONSIDERATION OF NOTIFIED MOTIONS

Nil

14. LATE BUSINESS:

Cr Gilbert advised that the water accounts will be in resident's mailboxes next week and

it was interesting to note that there was an 8% reduction in usage for the period

covered. However, usage last week was very high with 44 million litres being used

daily throughout the region. Cr Gilbert wanted to remind everyone about the current

water restrictions in place which are available on Council's website.

Cr Bonanno advised that RAAG has been nominated as a finalist in the Australian

Road Safety Awards to be announced at the Awards Gala Dinner on 27 November

2014.

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15. PUBLIC PARTICIPATION:

Nil

16. CONFIDENTIAL REPORTS:

16.1 PROPOSED PROPERTY CONTRACT

Confidential

Council Recommendation

THAT Council authorises the CEO to undertake action as detailed in this report.

Moved Cr Steindl Seconded Cr Walker

CARRIED

16.2 MACKAY REGION ENTERPRISE

Confidential

Council Recommendation

THAT Council authorises the CEO to undertake action as detailed in this report.

Moved Cr Bonanno Seconded Cr Casey

CARRIED

17. MEETING CLOSURE

The meeting closed at 10.31 am.

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18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 13.10.14 TO

26.10.14

For Council Information Only - No Decision Required.

Development Applications Received

20.10.14 - 26.10.14

App No. Code /

Impact Address Applicant Description Officer

CON-2014-164

38 Bernborough Avenue, OORALEA

GMA Certification Group Pty Ltd - Port Douglas

Building Work - Road Boundary Setback Variation for Open Carport.

Josephine McCann

CON-2014-169

7 Balzan Drive, RURAL VIEW

GMA Certification Group Pty Ltd - Mackay

Building Work - Boundary Setback for Dwelling

Helle Jorgensen Smith

CON-2014-170

11 Maryvale Circuit, BEACONSFIELD

Development Planning & Approvals

Building Work - Boundary Setback for Shed

Andrea McPherson

CON-2014-171

60 Katey Crescent, MIRANI

Jake D Shepperson Building Work - Boundary Setback for Shed and Open Carport

Kathryn Goodman

MCUC-2014-217

Code 6 River Street, MACKAY

David J Caracciolo and Graham L Caracciolo and Brian P Caracciolo

Multiple Dwelling Units (54), Catering Shop/s and Shop/s

Shane Kleve

MCUC-2014-227

Code 6-8 Arana Drive, RURAL VIEW

Derek A Woods Home Based Business (Surveying and Planning)

Josephine McCann

MCUC-2014-232

Code 56 Dawson Boulevard, RURAL VIEW

Murphy Homes QLD Pty Ltd

Dual Occupancy Josephine McCann

ROLC-2014-231

Code 138A Waverley Street, BUCASIA

Clawback Self-Managed Super Fund and Chicken Runners Pty Ltd

Boundary Realignment 4 Urban Residential Lots into 4 Lots

Kathryn Goodman

13.10.14 - 19.10.14

App No Code /

Impact Address Applicant Description Officer

CON-2014-165

4 Cambridge Avenue, ANDERGROVE

Coastal Building Approval Service

Building Work - Boundary Setback for Open Carport

Helle Jorgensen Smith

CON-2014-167

38 Barber Drive, EIMEO

Garage World Building Work - Boundary Setback for Shed

Helle Jorgensen Smith

MCUC-2010-135

Code L 4 Mirani-Eton Road, MIRANI

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

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App No Code / Impact

Address Applicant Description Officer

MCUC-2013-19

Code 1 Gateway Drive, PAGET

Pengelly Developments Pty Ltd

Change of Development Approval - Vehicle Hire Premises

Leah Harris

MCUC-2013-219

Code L 50 Makybe Diva Drive, OORALEA

McLynskey Planners Pty Ltd

Permissible Change - Multiple Dwelling Units (5)

Andrea McPherson

MCUC-2013-30

Code 10 Industrial Street, MACKAY

Optus Mobile Pty Ltd Request to Change Conditions of Approval - Telecommunications Facility

Andrea McPherson

MCUC-2014-219

Code 41 Evans Avenue, NORTH MACKAY

Optus Mobile Pty Ltd Telecommunication Facility Kathryn Goodman

MCUC-2014-224

Code 11 Sapphire Court, NORTH MACKAY

Sandsky Developments Dual Occupancy Helle Jorgensen Smith

MCUC-2014-225

Code 47 Logan Crescent, ERAKALA

Jamie L Willis and Ellen N Willis

Residential Storage Shed Exceeding 85m2 on Rural Res Lot.

Josephine McCann

MCUC-2014-226

Code 6-8 Margaret Vella Drive, PAGET

Australian Furniture Relocations Pty Ltd

Warehouse Leah Harris

MCUC-2014-227

Code 6-8 Arana Drive, RURAL VIEW

Derek A Woods Home Based Business (Surveying and Planning)

Josephine McCann

MCUC-2014-228

Code 13 Youngs Lane, WALKERSTON

McGowan Builders Pty Ltd

Residential Storage Shed Kathryn Goodman

Development Applications entering Decision Making Period

20.10.14 - 26.10.14

App No. Code /

Impact Address Applicant Description Officer

MCUC-2014-188

Code 7 Hucker Street MACKAY Michelle J Tkalec Multiple Dwelling Units (3) Darryl Bibay

MCUC-2014-193

Code 561 Marian-Hampden Road HAMPDEN

Dixon Homes Pty Ltd Dwelling House (Steep Land Overlay)

Andrea McPherson

MCUC-2014-217

Code 6 River Street MACKAY David J Caracciolo and Graham L Caracciolo and Brian P Caracciolo

Multiple Dwelling Units (54), Catering Shop/s and Shop/s

Shane Kleve

MCUCD-2007-128B

Code 104 Evans Avenue North NORTH MACKAY

Macwood Pty Ltd Request to Change Conditions of Approval & Request to Extend Relevant Period - Material Change of Use - 16 Multiple Dwelling Units

Kathryn Goodman

MCUI-2014-190

Impact 5 Wellington Street MACKAY

Kenneth B Wigglesworth

Place of Worship Josephine McCann

13.10.14 - 19.10.14

App No Code /

Impact Address Applicant Description Officer

MCUC-2013-219A

Code 0 Makybe Diva Drive OORALEA

McLynskey Planners Pty Ltd

Permissible Change - Multiple Dwelling Units (5)

Andrea McPherson

MCUC-2013-30A

Code 10 Industrial Street MACKAY

Optus Mobile Pty Ltd Request to Change Conditions of Approval - Telecommunications Facility

Andrea McPherson

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Development Applications Finalised

20.10.14 - 26.10.14

App No. Code /

Impact Address Applicant Description Officer

Approved Subject to Conditions

CA-IDAS-2006/168A

Code L 44 Midge Point RoadMIDGE POINT QLD 4799

John L Lyons Request to Extend Currency Period - Material Change of Use and Reconfiguration of a Lot to create 103 Village lots and common property AND Material Change of Use for Environmentally Relevant Activity (ERA No 15(b))

Leah Harris

CON-ASPA-2014/165

4 Cambridge AvenueANDERGROVE QLD 4740

Coastal Building Approval Service

Building Work - Boundary Setback for Open Carport

Helle Jorgensen Smith

CON-ASPA-2014/167

38 Barber DriveEIMEO QLD 4740

Garage World Building Work - Boundary Setback for Shed

Helle Jorgensen Smith

MCUC-ASPA-2013/131A

Code 76 Willetts RoadNORTH MACKAY QLD 4740

Mercy Health and Aged Care Central Queensland Ltd

Request for Permissible Change - Extension to Hospital

Shane Kleve

MCUC-ASPA-2014/166

Code 9 Gregory StreetMACKAY QLD 4740

Ooralea Developments Pty Ltd

Hotel (Staged) Stage 1 - Gregory Street Bar Area, Ground Level Victoria Street Bar Extension and Wood Street Bar ExtensionStage 2 - Victoria Street Level 1 Bar Area

Josephine McCann

MCUC-ASPA-2014/211

Code 246 Cliftonville RoadSARINA QLD 4737

Amanda Marriage Second House Josephine McCann

MCUC-ASPA-2014/220

Code 4 Jarman CourtSEAFORTH QLD 4741

Antonio S Leotta and Janet-Leigh Leotta

Dwelling House and Residential Storage Shed

Helle Jorgensen Smith

MCUC-ASPA-2014/222

Code 54 Dawson BoulevardRURAL VIEW QLD 4740

Murphy Homes QLD Pty Ltd

Dual Occupancy Andrea McPherson

MCUC-ASPA-2014/224

Code 11 Sapphire CourtNORTH MACKAY QLD 4740

Sandsky Developments

Dual Occupancy Helle Jorgensen Smith

MCUC-ASPA-2014/225

Code 47 Logan CrescentERAKALA QLD 4740

Jamie L Willis and Ellen N Willis

Residential Storage Shed Exceeding 85m2 on Rural Res Lot.

Josephine McCann

MCUC-ASPA-2014/226

Code 6-8 Margaret Vella DrivePAGET QLD 4740

Australian Furniture Relocations Pty Ltd

Warehouse Leah Harris

MCUI-ASPA-2013/217

Impact 10/54 Branscombe RoadWALKERSTON QLD 4751

Western Suburbs Rugby League

Indoor Entertainment (Gymnasium and Extension to Existing Clubhouse Facility) & Sport and Recreation (Undercover Bowls Green)

Leah Harris

MCUI-ASPA-2014/139

Impact 184-192 Malcomson StreetMOUNT PLEASANT QLD 4740

Cotherstone Pty Ltd Shopping Centre Josephine McCann

MCUI-ASPA-2014/159

Impact 53 Palm AvenueSEAFORTH QLD 4741

Lynette J Prince Conversion from Church to Dwelling House and Shed

Josephine McCann

MCUI-ASPA-2014/66

Impact 2 Patch StreetSARINA QLD 4737

Jab Fitness Indoor Entertainment (Gymnasium Facility).

Josephine McCann

MCUI-ASPA-2014/84

Impact 371 Connors RoadBAKERS CREEK QLD 4740

Johnny Farming Company Pty Ltd

General Industry (hardstand storage and rubber recycling) and Warehouse

Brogan Jones

ROLC-ASPA-2014/208

Code 8 Treloar PlaceMARIAN QLD 4753

Barry Sheedy and John F Hocking

3 Residential Lots into 4 Lots Leah Harris

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App No. Code / Impact

Address Applicant Description Officer

ROLC-ASPA-2014/209

Code L 1 Kowari RoadFINCH HATTON QLD 4756

Michael C Muscat Boundary Realignment 2 Rural Lots into 2 Lots

Darryl Bibay

Relevant Period Extended

ROLC-ASPA-2012/192A

Code 97 Sydney StreetMACKAY QLD 4740

Alan J Venturi Request to Extend Relevant Period - 1 Mixed Use Lot into 2 Lots & Access Easement

Darryl Bibay

13.10.14 - 19.10.14

App No Code / Impact

Address Applicant Description Officer

Application Not Required

CAC-ASPA-2011/17A

Code 43 Malcomson Street NORTH MACKAY QLD 4740

Charles A Barnes Request to Extend Currency Period - General Industry (Outdoor Storage Facility) and Caretaker's Residence

Shane Kleve

Approved Subject to Conditions

CON-ASPA-2014/155

1485 Koumala Bolingbroke Road KOUMALA QLD 4738

Alison M Adair Amenity and Aesthetics Cindy Bailey

CON-ASPA-2014/161

70 Cinnamon Drive GLENELLA QLD 4740

Geoff Carhart Building Designs

Building Work - Boundary Setback for Patio

Jessica Cassells

CON-ASPA-2014/162

11 Corymbia Court ANDERGROVE QLD 4740

Mackay and Whitsunday Building Certification

Building Work - Boundary Setback for Car Port and Alteration to Dwelling - 1 Storey

Andrea McPherson

CON-ASPA-2014/163

7 Stuart Hindle Drive MOUNT PLEASANT QLD 4740

Francis M Vella Building Work - Side and Rear Boundary Setback Variation for Shed.

Josephine McCann

MCUC-ASPA-2012/70B

Code 14C David Muir Street SLADE POINT QLD 4740

QCCS Pty Ltd Change to Development Approval - Material Change of Use - General Industry (Industrial Administration Building) and Operational Works - Civil - Industrial

Brogan Jones

MCUC-ASPA-2014/185

code 26 Sydney Street MACKAY QLD 4740

Westfund Ltd Health Care Centre Josephine McCann

MCUIMP-IDAS-2008/249C

Impact L 1 Broad Street SARINA QLD 4737

Nationwide Civil Pty Ltd Request to Extend Relevant Period - Motel (50 Accommodation Units plus managers' residence)

Helle Jorgensen Smith

ROLC-ASPA-2013/205

Code L 965 Rosewood Drive RURAL VIEW QLD 4740

Plantation Palms Properties Pty Ltd

1 Urban Expansion & Open Space Lot into 59 Urban Residential Lots and Balance Land

Shane Kleve

ROLC-ASPA-2014/184

Code 9 Anastasia Street WEST MACKAY QLD 4740

Lagoon Estate Developments Pty Ltd

1 Rural Residential Lot into 2 Lots Darryl Bibay

ROLC-ASPA-2014/189

Code 23 Raffia Street RURAL VIEW QLD 4740

Ignite Homes 1 Urban Expansion Lot into 2 Lots Kathryn Goodman

ROLC-ASPA-2014/195

Code 11 Raffia Street RURAL VIEW QLD 4740

Ignite Homes 1 Urban Expansion Lot into 2 Lots Kathryn Goodman

ROLC-ASPA-2014/204

Code 35 Evan Street EAST MACKAY QLD 4740

Colleen M Agnew 1 Urban Residential Lot into 3 Lots Andrea McPherson

ROLC-ASPA-2014/205

Code 77 Borgs Road ALLIGATOR CREEK QLD 4740

Salvator J Micallef 1 Rural Lot into 2 Lots Brogan Jones

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Generally in Accordance With

MCUCD-IDAS-2007/54C

Code 7 Nelson Street MACKAY QLD 4740

RPS Group (Mackay) Pty Ltd

Request for Generally in Accordance - Material Change of Use - 38 Multiple Dwelling Units

Shane Kleve

Confirmed on Wednesday 12 November 2014

………………………………………

MAYOR

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APPENDIX / ATTACHMENTS

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