FINAL MINUTES

11 December 2013

FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Table of Contents

Folio Date Particulars

31045 11.12.2013 Ordinary Meeting Minutes

31121 11.12.2013 Report of Financial Year End Results for 2012/2013

31126 11/12/2013 Equitable Access Policy

31130 11/12/2013 Neighbourhood Centre and Youth Programs Policy

31132 21/11/2013 Minutes - Cultural Diversity Advisory Committee

31136 02/12/2013 Minutes - RADF 2013/2014 Round 2 Assessment Meeting

Declaration of Potential Conflict of Interest

Item 9.2 - Crs Bonanno, Perkins & Walker

MIN/11.12.2013 FOLIO 31044 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

ORDINARY MEETING MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs C J Bonanno, L G Bonaventura, 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 10.02 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Crs K J Casey, F A Gilbert and G J Martin

4. CONDOLENCES:

Nil

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 4 DECEMBER 2013

THAT the Ordinary Meeting Minutes held on 4 December 2013 be confirmed.

Moved Cr Bonanno Seconded Cr Jones

CARRIED

6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

MIN/11.12.2013 FOLIO 31045 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

7. MAYORAL MINUTES:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 DELEGATED AUTHORITY TO CHIEF EXECUTIVE OFFICER DURING CHRISTMAS CLOSURE PERIOD

Author Chief Executive Officer

Purpose

To present to Council for approval temporary delegation to the Chief Executive Officer or Acting Chief Executive Officer to award large sized contractual arrangements, as defined under section 224 (3) of the Local Government Regulation 2012, during Councils Christmas break period.

Background/Discussion

At Councils meeting of 6 November 2013 Council resolved:

THAT:

The Mackay Regional Council Client Service Centres close to the public at 4.30 pm on Friday, 20 December 2013 and reopen at 8.30 am on Monday, 6 January 2014. Council's last Ordinary Meeting for 2013 be held on Wednesday 11 December 2013. Council's first Ordinary Meeting for 2014 be held on Wednesday 29 January 2014.

To ensure that tenders are awarded for critical civil construction contracts, delegated authority is required to be provided to the Chief Executive Officer or Acting Chief Executive Officer during the Christmas closure period.

Delegated authority shall include the following listed tenders which are either currently advertised or under evaluation. A number of these tenders are for works subject to the NDRRA funding requirements which are required to be completed by 30 June 2014.

Contract Description Number MRC 2013-090 Flood Saturation – Unsealed restoration works MRC 2014-006 Milton and Graffunder Street Rehabilitation MRC 2014-012 Midge Point Road Rehabilitation (NDRRA works) MRC 2014-026 Edward Lloyd Park construction MRC 2014-029 Slade Point Stormwater Insitu lining

MIN/11.12.2013 FOLIO 31046 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Consultation and Communication

Strategy Leadership and Performance Team, Manager Civil Projects, Manager Infrastructure Delivery and Manager Procurement and Plant.

Resource Implications

There are no direct resource implications.

Risk Management Implications

The provision of the temporary delegated authority does not represent and increased risk to Council due to the continuance of normal tendering and reporting requirements to the Strategy and Leadership Performance Team.

Conclusion

Approval is sought for Council to delegate authority to the Chief Executive Officer or Acting Chief Executive Officer for the awarding of large sized contracts during the Christmas shutdown period.

Officer's Recommendation

THAT Council delegate the authority to the Chief Executive Officer or Acting Chief Executive Officer to award large sized contractual arrangements, as defined under section 224 (3) of the Local Government Regulation 2012, during Councils Christmas break period, being Thursday 12 December 2013 to Tuesday 28 January 2014.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Perkins

CARRIED

8.2 AUTHORISED PERSONS - INSTRUMENTS OF APPOINTMENT

File No Instruments of Appointment Author Manager Governance & Assets

Purpose

To appoint relevant staff as council delegates/authorised persons/officers/inspectors in carrying out their duties in compliance with applicable local laws, subordinate local laws and other legislation requirements.

MIN/11.12.2013 FOLIO 31047 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Background/Discussion

Over the past six months governance has been reviewing council's delegations in line with the legislative changes and in accordance with the chief executive officers "Road Map to Organisational Excellence".

Council employees are appointed as a council delegate/authorised person/authorised officer/inspector pursuant to various pieces of State legislation. In many instances, the State legislation confers the power of appointment on council in its capacity as a Local Government. Also council's local laws provide for the appointment of authorised persons and this power may be delegated by the chief executive officer.

In order for Council's delegate/authorised person/officer/inspector to undertake their duties, this power must be delegated to them from the Chief Executive Officer.

Section 257 of the Local Government Act 2009 allows Council to delegate to the chief executive officer the power to appoint an authorised person/authorised officer/inspector pursuant to various state legislation and local laws of Council.

Consultation and Communication

 Chief executive officer  Directors  Management Team  Governance

Resource Implications

The review has been undertaken in house and no additional expense has been incurred.

Risk Management Implications

The risk is considered to be a low risk as the adoption of the resolution will ensure Council complies with relevant legislative requirements.

Conclusion

It is recommended that Council delegate to the Chief Executive Officer, in accordance with Section 257 of the Local Government Act 2009, the power to appoint appropriate staff as Council delegates/authorised persons/officers/inspectors under Council's Local Laws and other relevant legislation.

MIN/11.12.2013 FOLIO 31048 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT in accordance with Section 257 of the Local Government Act 2009 Council delegates to the Chief Executive Officer the power to appoint:

1. Council delegates/authorised persons/officers/inspectors to exercise one (1) or more or all of the powers given to that delegate/authorised person/officer/inspector pursuant to relevant sections of the following legislation;

(i) Water Supply (Safety and Reliability) Act 2008; (ii) Public Health (Infection Control and Personal Appearance Services) Act 2003; (iii) Environmental Protection Act 1994; (iv) Land Protection (Pest & Stock Route Management) Act 2002; (v) Food Act 2006; (vi) Public Health Act 2005; (vii) Animal Management (Cats and Dogs) Act 2008; (viii) State Penalties Enforcement Act 1999; (ix) Building Act 1975; (x) Sustainable Planning Act 2009; (xi) Transport Operations (Road use management) Act 1995; (xii) Body Corporate & Community titles Act 1997; (xiii) Water Act 2000; (xiv) Waste Reduction and Recycling Act 2011; (xv) Coastal Management and Protection Act 1995;

2. Local government workers of Council to exercise the powers of a local government worker under the Local Government Act 2009, chapter 5, part 2; and

3. Inspectors under section 107 of the Plumbing and Drainage Act 2002 to exercise one (1) or more or all of the powers given to an inspector pursuant to the Plumbing and Drainage Act 2002; and

4. One (1) or more rehabilitation and return to work coordinators pursuant to section 226 of the Workers’ Compensation and Rehabilitation Act 2003; and

5. One (1) or more workplace health and safety officers for the purposes of section 156 of the Work Health and Safety Act 2011.

6. Authorised Persons of council to exercise one (1) or more or all of the powers given to an authorised person pursuant to Council's Local Laws and Subordinate Local Laws.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Morgan

CARRIED

MIN/11.12.2013 FOLIO 31049 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

8.3 REPORT OF FINANCIAL YEAR END RESULT FOR 2012/2013

Author Acting Director Organisational Services

Purpose

To present the 2012/2013 financial year end result.

Background/Discussion

Following the adoption of the 2012/2013 Annual Report and Financial Statements, the result for the financial year should be brought to account.

The financial statements have been presented to the Audit Advisory Committee and the Minutes of that committee meeting presented to Council. Council has received an unqualified auditor’s opinion which states that the financial report presents a true and fair view of the financial performance and cashflow of Council. The final audit report raised just three issues which were assigned a medium risk rating, and are being addressed through ongoing system improvements.

Year End Financial Position by Fund

General Fund (excluding NDRRA)

Operating Revenue is approximately eleven per cent (11%) above budget mainly due to rates and utility charges, sales and recoverable works, operating grants and subsidies, fees and charges and interest earned being higher than anticipated.

Operating Expenses (excluding depreciation and end of year capital transfers) were 6% above budget mainly through goods and services (110%) and other expenses (131%) being greater than anticipated. These were partially offset by employee costs being lower than budget by two per cent (2%).

Depreciation for the General Fund was approximately $4.7 million over budget. The main contributing factor to this was higher than forecast clearance of work in progress and donated assets. As a result of additional revenue, predominantly rates, the amount of unfunded depreciation was reduced by $1.4 million, meaning less capital reserve funding was required leading to higher capital reserve balances.

End of year capital transfers included in Operating Expenses, (loss on disposal of assets and capital costs expensed) total $32.9 million which are offset in the Transfers section (loss on disposal of assets and capital general revenue expended).

Transfers (excluding end of year capital transfers) were over budget for a number of reasons. Interest on reserves, an early grant payment and carryover operating projects were transferred to reserve. Also unspent reserve funded projects resulted in transfers from reserves being less than anticipated as these funds are carried over to future financial years.

MIN/11.12.2013 FOLIO 31050 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Capital expenditure (excluding NDRRA) for the year was approximately 84% of budget. The majority of unspent funds have been carried forward to the 2013/2014 financial year for the continuation of unfinished projects. This level of capital work completed is significantly above prior years.

NDRRA

Operating Revenue was approximately $10.5 million below budget due to the timing of grant approvals and receipts.

Operating Expenses were above budget approximately $2 million due mainly to some costs being deemed ineligible by Reconstruction Authority.

Transfers were higher than budget due to the timing of approvals resulting in the transferring of funds previously constrained to reserve. Additional funds of $0.8 million were also transferred from the General Fund to fund the trigger point and ineligible costs identified through the QRA review.

Capital expenditure for the year was approximately 41% spent. The majority of unspent funds have been carried forward to the 2013/2014 financial year for the continuation of unfinished projects.

Waste Fund

Operating Revenue is approximately eleven per cent (11%) above budget mainly due to rates revenue and fees and charges being higher than anticipated.

Operating Expenses (excluding depreciation) was on target.

Depreciation for the Waste Fund was well over budget due to the effect of accounting for provisions for remediation.

Transfers were higher than budget mainly through an unbudgeted transfer to reserve to constrain the carbon tax revenue. This was offset by excess funded depreciation being used as a capital funding source.

Capital expenditure for the year was approximately 70% of budget.

Water Fund

Operating Revenue is approximately twelve per cent (12%) above budget mainly due to interest earned, fees and charges and recoverable works being higher than anticipated. Rates were also higher than anticipated through higher than anticipated consumption revenue.

Operating Expenses (excluding depreciation) is approximately four per cent (4%) above budget mainly through goods and services and other expenses being higher than anticipated.

Depreciation for the Water Fund was under budget by approximately $1 million due mainly to the recognition of a change in useful lives for large water assets from 60 years to 80 years as a result of an independent valuation.

MIN/11.12.2013 FOLIO 31051 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Transfers were on budget.

Capital expenditure for the year was approximately 92% of budget, with the majority of unspent funds being carried forward to the 2013/2014 financial year for the continuation of unfinished projects.

Waste Water Fund

Operating Revenue is approximately eight per cent (8%) above budget. This is mainly due to fees and charges, sales and recoverable works and interest earned being higher than anticipated. Rates revenue was also higher than anticipated through increased usage charges particularly for trade waste.

Operating Expenses (excluding depreciation) were approximately five per cent (5%) over budget mainly through goods and services (115%) being higher than anticipated. Employee costs and other expenses were under budget by 7% and 2% respectively.

Depreciation for the Waste Water Fund was under budget by approximately $2.9 million due mainly to the recognition of a change in useful lives for large sewer assets from 60 years to 80 years as a result of an independent valuation.

Transfers were higher than budget largely due to some rate funded capital not being carried forward and interest earned on reserves being transferred to reserves to maintain the purchasing power of funds held in reserves.

Capital expenditure for the year was approximately 80% of budget, with the majority of unspent funds being carried forward to the 2012/2013 financial year for the continuation of unfinished projects.

Consultation and Communication

Chief Executive Officer, Directors, Executive Manager Governance and Finance, and Manager Financial Services.

Resource Implications

The resource implications to bring to account the End of Year results are:

General (excluding NDRRA)

Revenue higher than budget by - $15,323,768 Expenses higher than budget by - ($45,389,381) Transfers higher than budget by - $30,065,613

Overall - Nil (Note: a reduction in unfunded depreciation of $1.4 million resulted in less funds being used from capital reserves)

MIN/11.12.2013 FOLIO 31052 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

NDRRA

Revenue lower than budget by - ($9,715,321) Expenses higher than budget by - ($4,299,999) Transfers higher than budget by - $14,015,320

Overall - Nil

Waste

Revenue higher than budget by - $2,965,219 Expenses less than budget by - $1,063,345 Transfers higher than budget by - ($2,586,523)

Operating Result – above budget - $1,442,040

Transfer to Cleansing Reserve 2012/2013 year end result - $1,442,040

Water

Revenue higher than budget by - $4,647,079 Expenses higher than budget by - ($4,266,943) Transfers lower than budget by - $3,207,079

Operating Result - above budget - $3,587,215

Transfer to Water General Reserve 2012/2013 year end result - $3,587,215

Waste Water

Revenue higher than budget by - $3,462,476 Expenses lower than budget by - $281,240 Transfers lower than budget by - $329,933

Operating Result – above budget - $4,073,649

Transfer to Sewerage General Reserve 2012/2013 year end result - $4,073,649

Risk Management Implications

Nil

Conclusion

As a result of constraining the resources identified above, Council is in an improved position to deal with future infrastructure demands and other budget pressures.

Any surplus funds from 2012/2013, should be transferred to the appropriate reserve. These funds should be used to fund future capital works, cover any unforeseen events, or to reduce borrowings.

MIN/11.12.2013 FOLIO 31053 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT the report on the 2012/2013 year end result be received.

FURTHER THAT the following transfers to reserves be approved.

General

Nil

Waste

Transfer to Cleansing Reserve 2012/2013 year end result of $1,442,040.

Water

Transfer to Water General Reserve 2012/2013 year end result of $3,587,215.

Waste Water

Transfer to Sewerage General Reserve 2012/2013 year end result of $4,073,649.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Bonaventura

CARRIED

8.4 PROPOSED PERMANENT ROAD CLOSURE: REASTON ROAD, WALKERSTON

File No 225092-26&40-SP and 704265-034-RP Author Manager Property Services

Purpose

To advise Council that a Permanent and Temporary Road Closure Application has been lodged with the Department of Natural Resources and Mines (DNRM) for the following sections of road off Reaston Road, Walkerston for amalgamation with their adjoining Lots:-

1. An area of 1077m2 for permanent road closure adjoining Lot 40 on SP225092 2. An area of 434m2 for permanent road closure adjoining Lot 26 on SP225092 3. An area of 1139m2 for temporary road closure adjoining Lot 34 on RP704265

MIN/11.12.2013 FOLIO 31054 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Background/Discussion

DNRM have received an Application for two permanent road closures totalling 1511m2 and temporary closure for an area of 1139m2 as shown on the attached Drawing 13/534/CEN and MADI image.

The mentioned land is a State controlled road reserve with Council having no dedicated authority over the land, the process for dealing with this Road Closure application is outlined in Sections - 99, 100 and 101 of the Land Act 1994.

The area of road does not contain a formed road, infrastructure services and is not required to be maintained as a road reserve for any purpose.

To facilitate the continued development of the Applicants property DNRM advised that the road areas within this Application require permanent and temporary closure and amalgamation with their adjoining lots to provide connection via Reaston Court to the new proposed development within Lot 33 and 34 on RP704265 and Lot 26 on SP225092.

This matter was considered by the Land and Road Use Committee on 14 November 2013 with consent to the proposal provided by the Committee.

Consultation and Communication

Consultation with the Land and Road Use Committee occurred on 14 November 2013. The committee consists of Manager Technical Services, Manager Strategic Planning, Planning Officer, Central Area Maintenance Coordinator, Manager Planning and Sustainability, Project Manager Water Infrastructure Delivery and Manager Parks and Environment.

Resource Implications

Nil.

Risk Management Implications

Should the areas of road not be permanently closed Council will need to maintain the sections of unformed road and accept all current and future liability associated with such maintenance.

Conclusion

The Application for permanent and temporary road closure off Reaston Court, Walkerston has no adverse impact on Council's current or future requirements.

MIN/11.12.2013 FOLIO 31055 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT Council advise the Department of Natural Resources and Mines of its consent for the Permanent Road Closure of an area of 1077m2 and amalgamation with Lot 40 on SP225092, the Permanent Road Closure of an area of 434m2 and amalgamation with Lot 26 on SP225092 and for the Temporary Road Closure of an area of 1139m2 and amalgamation with Lot 34 on RP704265 adjoining Reaston Court, Walkerston as shown on Drawing No. 13/534/CEN on the basis that the applicant pays all costs associated with the closures.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Morgan

CARRIED

8.5 LEASE OF LAND: MACKAY COMMUNITY GARDEN ASSOCIATION INC

File No 893216-001-RP Author Manager Property Services

Purpose

To approve the renewal of the Mackay Community Garden Association Inc. lease for an area of approximately 3308m2 being Lot 1 on RP893216, 3 Sarah Street .

Background/Discussion

Council is the owner of Lot 1 on RP893216. The Community Garden on this parcel of land was operated by Council from its inception in 1997 to 2005 when the Mackay Community Garden Inc. (MCG) was formed to operate the garden for the purpose of demonstration, promotion and education of sustainable human settlements and permaculture principles.

The arrangement between Council and the MCG was by way of lease with the initial three year lease commencing in 2005 and subsequent five year lease being granted in 2008, which expired in June 2013.

The recent development of units in Sarah Street that border the gardens generated some issues between MCG and the residents delaying the lease process, however, mediation by Council representatives between the two parties has resulted in a greater understanding and level of respect between both parties.

MIN/11.12.2013 FOLIO 31056 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MCG members have dedicated considerable time, energy and resources into establishing the Community Gardens as a focal point for displaying flora from the and as a living educational tool for permaculture principles.

The gardens regularly hold workshops and often invite a variety of community groups to attend and participate in the garden.

Consultation and Communication

The lease and associated conditions have been discussed between Luke Matthews – Coordinator MCG and other MCG members, Manager Property Services and Asset & Lease Officer – Property Services with consultation held with the adjoining property owner.

Resource Implications

All costs incurred in respect to 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 and other like conditions.

Risk Management Implications

As the lease has expired, there is a risk to Council in regards to MCG utilising Council property without a lease in place, particularly in regards to liability insurance. While it is noted that the block includes sections of the Bluewater Trail, the lease will include conditions guaranteeing access and protection to this section of the block.

Conclusion

The renewal of this lease to MCG who has shown a long term commitment to the land, its infrastructure and the local community, is the most advantageous outcome to Mackay Regional Council.

Officer's Recommendation

THAT Council approve a new lease for a term of ten (10) years in the name of Mackay Community Garden Association Inc. over Lot 1 on RP893216, 3 Sarah Street West Mackay 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 Morgan

CARRIED

MIN/11.12.2013 FOLIO 31057 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

8.6 LICENCE AGREEMENT: DEPARTMENT OF COMMUNITY SAFETY EUNGELLA

File No 057210-002-E Author Manager Property Services

Purpose

To agree to a Licence Agreement being entered into between Council and Department of Community Safety for an already established facility upon Reserve for Local Government, North Street Eungella, known as Lot 2 on E57210.

Background/Discussion

Council is the trustee of Lot 2 on E57210, being a Reserve for Local Government. This facility is a shared facility between the Dalrymple Heights Rural Fire Brigade and the local SES.

Council received a formal request from the Department of Community Safety (DCS) wishing to formalise this agreement by way of a licence agreement.

Consultation and Communication

Property & Leasing Officer - DCS, State EMR Service Local Control – Engineering Services, Acting Emergency Management Coordinator – Engineering Services, Manager Property Services, Asset & Lease Officer – Property Services.

Resource Implications

Rental income has been agreed at $50.00 per annum which is the standard “community” type peppercorn rental.

All fees and charges for the preparation of the Licence Agreement have been at the costs of DCS.

Risk Management Implications

Currently no formal agreement is in place. Formal agreement by way of Licence Agreement is required to ensure terms and conditions are agreed to and maintained. This Licence Agreement will also provide DCS and its volunteers cover under DCS insurance.

Conclusion

The establishment of a Licence Agreement with DCS represents the most advantageous outcome to Mackay Regional Council and the community through the delivery of an essential service to the local community of Eungella and its surrounding areas.

MIN/11.12.2013 FOLIO 31058 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT Council approve the establishment of a Licence Agreement with Department of Community Safety for the facility shared by Dalrymple Heights Rural Fire Brigade and SES located within Lot 2 on E57210 North Street, Eungella with such Licence Agreement to inclusive of peppercorn rental.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Morgan

CARRIED

8.7 MACKAY LOCAL DISASTER MANAGEMENT GROUP

File No Disaster Management Author Director Engineering Services

Purpose

To ensure that the requirements of the Disaster Management Act 2003 are met, there is a requirement that Council formally appoint the Chairperson, Local Disaster Coordinator and Members of the Mackay Local Disaster Management Group. This report makes recommendations in relation to these appointments.

Background/Discussion

Under Section 29 and 33 of the Disaster Management Act - 2003, Councils are required to establish a Local Disaster Management Group (LDMG) comprising of Council staff, Government Agencies, Utilities and at least one (1) elected Councillor.

The purpose of the LDMG is to ensure that disaster management and disaster operations in the region are consistent with the State Disaster Management Group (SDMG) strategic policy framework for disaster management, to help local government for the region to prepare and maintain a Local Disaster Management Plan, to ensure the community is aware of ways of mitigating the adverse effect of a disaster event and preparing for, responding to and recovering from a disaster.

The Act under Section 37 requires annual notification of the membership of the LDMG to the Executive Officer of the SDMG and the District Disaster Coordinator.

It is evident in the Mackay region that an effective LDMG is critical in the management of natural disaster across the entire region.

MIN/11.12.2013 FOLIO 31059 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

The proposed make up of the LDMG as outlined below is consistent with the current Group Structure and incorporates a number of changes predominately due to agency name changes, the inclusion of the Local Recovery Coordinator and inclusion of Maritime Safety Queensland in an advisory capacity.

Permanent Members: Chairperson: Mayor Deputy Chairperson: Deputy Mayor Local Disaster Coordinator: Director Engineering Services until 8/1/2014 MRC Local Disaster Coordinator: Director Engineering and Commercial Infrastructure MRC Deputy LDC: CEO MRC Deputy LDC: Director Organisational Services MRC Councillor MRC Local Recovery Coordinator: Director Community and Client Services MRC Assistant LDC: Emergency Management Co-ordinator MRC Assistant LDC: Technical Officer Emergency Management MRC Manager Corporate Communications and Marketing MRC State Emergency Service MRC Qld Police Service Qld Ambulance Service Qld Fire & Emergency Service (former Queensland Fire and Rescue Service) Qld Fire & Emergency Service (former Emergency Management Queensland) Australian Red Cross

Advisory: Ergon Energy Department of Communities, Child Safety and Disability Services MRC - Community Development MRC - Water and Waste Queensland Rural Fire Operations Bulk Ports Mackay Airport Department of Transport and Main Roads Telstra Sunwater Salvation Army Department of Education, Training and Employment Townsville - Mackay Medicare Local Queensland Health Maritime Safety Queensland

Observers: Aurizon MRC - Governance

Consultation and Communication

Councillor representation of the LDMG has already been the focus of previous consideration by Council. The structure and membership of the group was discussed at the recent LDMG meeting on the 11th November 2013.

MIN/11.12.2013 FOLIO 31060 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Resource Implications

As part of the considerations the LDMG recommended that the Director Engineering and Commercial Infrastructure be endorsed as 'Local Disaster Coordinator' effective 8/1/2014 due to the retirement of the current LDC, Director Engineering Services, and the Local Recovery Coordinator, Director Community and Client Services, be included as permanent members of the group.

The Director of Engineering and Commercial Infrastructure and Director of Community and Client Services have commenced the necessary training courses under the Disaster Management Training Framework to be able to hold the position.

The LDMG also endorsed that Maritime Safety Queensland be invited as an advisory member to the group.

There are no financial implications associated with the adoption of the LDMG membership.

Risk Management Implications

It is important that Council complies with the requirements of the Disaster Management Act 2003 to ensure that Council is well placed to deal with any event requiring involvement of the LDMG.

Conclusion

The positions recommended take into consideration the experience, training and functional responsibilities across the organisation.

MIN/11.12.2013 FOLIO 31061 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT Council endorse the composition of the Local Disaster Management Group for the Mackay Regional Council, comprising:-

Permanent Members: Chairperson: Mayor Deputy Chairperson: Deputy Mayor Local Disaster Coordinator: Director Engineering Services until 8/1/2014 MRC Local Disaster Coordinator: Director Engineering and Commercial Infrastructure MRC Deputy LDC: CEO MRC Deputy LDC: Director Organisational Services MRC Councillor MRC Local Recovery Coordinator: Director Community and Client Services MRC Assistant LDC: Emergency Management Co-ordinator MRC Assistant LDC: Technical Officer Emergency Management MRC Manager Corporate Communications and Marketing MRC State Emergency Service MRC Qld Police Service Qld Ambulance Service Qld Fire & Emergency Service (former Queensland Fire and Rescue Service) Qld Fire & Emergency Service (former Emergency Management Queensland) Australian Red Cross

Advisory: Ergon Energy Department of Communities, Child Safety and Disability Services MRC - Community Development MRC - Water and Waste Queensland Rural Fire Operations North Queensland Bulk Ports Mackay Airport Department of Transport and Main Roads Telstra Sunwater Salvation Army Department of Education, Training and Employment Townsville - Mackay Medicare Local Queensland Health Maritime Safety Queensland

Observers: Aurizon MRC - Governance

MIN/11.12.2013 FOLIO 31062 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonaventura

CARRIED

8.8 INDICATIVE CAPITAL WORKS PROGRAM 2014/15 AND 2015/16

File No Indicative Capital Works Program 2014/15 and 2015/16 Author Manager Technical Services

Purpose

To seek endorsement by Council of the indicative 2014/15 and 2015/16 Roads and Drainage Capital Works Program to facilitate advance planning and design.

Background/Discussion

The indicative 2014/15 and 2015/16 Capital Works Programs were the subject of a briefing to Council on 4 December 2013. The programs retain much of the integrity of previous programs however this has been moderated by total expenditure restrictions from the Long Term Financial Plan requiring some deferral of projects. Confirmation of the final Capital Works Program will take place before construction delivery as part of the 2014/15 budget approval process. Confirmation of the indicative program is required to allow design commencement given long time frame for land acquisition, Ergon/ Telstra/ Utility relocations/ native title/ cultural heritage/ community engagement/ development approvals and negotiation with Government Departments in regard to issue such as fish passage and marine plant issues.

The basic premis of the indicative program is:

 Continue funding for major projects  Funding provided to match development generated project requirements  Retain previous levels of indicative funding for LATM, footpaths/bikeways, general works, pavement rehabilitation and boat ramps.  Need to maintain funding for projects which have Local Roads of Regional Significance (LRRS), Roads to Recovery Part 3 (R2R3) and other grant funding  Match Long Term Financial Plan allowances for overall funding amounts

Details of the program highlighting issues are as follows:

Trunk Roads Incorporating arterial, sub-arterial and major collector roads identifying LRRS and ‘other’ roads.

 Ongoing funding of Connors Road and Archibald/Paradise roundabout

MIN/11.12.2013 FOLIO 31063 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

 Preliminary and construction commencement of Connors Road (Crichtons Road to Cooks Lane)  Milton Street and Bridge Road intersection - funding accrual for intersection upgrade  Preliminary works for signilisation - Milton Street and Boundary Road intersection  East Boundary Road Construction – Connors Road to Success Street  Design Glenpark Street Overpass Duplication  Malcomson Street/ Greenfields Intersection Construction  Provision for contribution to Heaths Road/Valetta Way (Francey subdivision) intersection construction

Provision has also been made for Advance Design works so that commencement of designs can be undertaken in advance of annual funding allocations reflecting lead time issue for service relocation and land acquisitions.

Also note provision for strategic land purchases for road widening's required where adjacent developments occur and acquisitions are required.

LATM Traffic and Road Safety  LATM works generated on a precinct basis (priorities identified by community consultation) – Ooralea Precinct.  Disability Discrimination Act (DDA) works priorities identified by the DDA Access Audits  Minor Safety Improvements  Design Peel Street/Victoria Street Roundabout construction  Alfred Street/Peel Street Roundabout construction (14/15)  Design Bedford Road/Oak Street intersection upgrade  Milton Street north traffic calming to prevent rat-running via Paradise Street/ Henman Street

Boat Ramps Allocation has been provided for works on delivery of Grasstree Beach ramp overlay and carpark construction and Seagull Street Slade Point ramp and carpark construction (subject to TMR grant) as well as carpark and access road construction at Ramp Road, St Helen's Beach.

Footpaths and Bikeways The program has been based on the premise to close “missing link” sections particularly on school footway/bikeway links. Also include contributions required from Council matching funds from the "Active Towns" Program plus allocations in 2014/15 and 2015/16 for the Bluewater Trail completion (Virgin Stadium to Bridge Road and Virgin Stadium to Quota Park).

General Works Initially based on previous priorities and community requests.

Major Projects:

 Funding O'Keefe Street & Paulette Street (Field - Nebo) Reconstruction  Construction Waverley Street (North end to South end)  Construct Walters Avenue  Minor K&C and reconstruct Curlew Streets

MIN/11.12.2013 FOLIO 31064 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

 Willets Road Carpark construction  Swayne Street drainage upgrade  Proposed Carpark Construction Paget area (East Boundary Road)  Minor Urban Drainage and Footpath works  Training wall Bridge Road Drain at Lamb Street  Seaforth Creek Erosion Restoration  Reconstruct sections Mt Martin Loop Road (0.34 - 0.91K)  Service road construction Anzac Avenue, Marian  Slade Point Road drainage (Swallow Street)

Shoulder Treatment Initiatives Shoulder Treatment works deferred in 2013/14 has been reinstated to 2014/15. Deferral was to fund complementary component of NDRRA program.

Pavement Improvements Projects based primarily on the SMEC road asset management program recommendations. Indicative allocation does not reflect current Levels of Service (LOS) requirements (Urban 7, Rural 5.5) as previous advice to council has identified.

Drainage  Includes minor drainage studies, new drainage works, contributions to developers and funding of Stormwater Quality initiatives  Bakers Creek and South West Mackay Main Drain (SWMMD) including drainage upstream of Schmidtkes Road to Monash Palms and downstream to Stockroute Road  Shakespeare Street (Macrossan Street - Rae Street) culvert replacement  Also annual contribution to Oviform Refurbishment in CBD  Oak Street capacity upgrade  Culvert upgrade Bold Street Walkerston  Nelson Street Drainage (Victoria Street to River Street)  Detention basin Boundary Road West of rail line (Evolution Park)

Bridge Replacement Project priorities based on previous programmes. Contains commitment to priorities from structural inspections of structures:

 Culvert Replacement East Gordon Street  Bridge Road/ Juliet Street intersection upgrade and Casey Avenue construction  Saltwater Creek – Munburra Road bridge replacement  Creation of Bridge Rehabilitation header to fund rehabilitation of timber bridges to defer replacement

Consultation and Communication

 Council briefing of 4 December 2013  Projections of future infrastructure charges from Manager Financial Services and Manager Strategic Planning  Liaison with staff from Strategic Planning, Finance and Engineering Services

MIN/11.12.2013 FOLIO 31065 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Resource Implications

The indicative approval of these programs will allow design commencement and some expenditure of funds in advance of full budget approval, however, given time delays in the design process little option appears to exist to allow project delivery in the programmed expenditure year.

Risk Management Implications

Commencement of design prior to full budget approval may result in additional design costs in advance of project delivery if the projects within the Capital Works Program are modified. However given the level of consultation to date it is not expected that major modifications will occur.

Conclusion

The presented indicative 2014/15 and 2015/16 Capital Works Program reflects current network and development requirements mitigated by overall Long Term Financial Plan expenditure limits. Endorsement of the programs is recommended to allow design commencement.

Officer's Recommendation

THAT Council endorse the Indicative 2014/15 and 2015/16 Capital Works Program, to ensure appropriate forward planning and design, and to form the basis for future budget considerations.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Morgan

CARRIED

8.9 EQUITABLE ACCESS POLICY

File No Community Development Author Manager Community Programs

Purpose

To seek Council support for the adoption of the Equitable Access Policy following a review.

MIN/11.12.2013 FOLIO 31066 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Background/Discussion

The current Equitable Access Policy was adopted by Mackay Regional Council in April 2010 following a review of Council’s Disability Discrimination Action Plan. At that time it was recommended that the policy be reviewed again in November 2014, however a routine review of the policy highlighted that some of the terminology was out of date, promoting an earlier review and update. The review has also allowed for the policy to reflect the new Directorate of Community and Client Services.

Consultation and Communication

This policy has been reviewed by the Co-ordinator Community Development, along with the Community Development team representatives of the Equitable Access Advisory Committee who have responsibility for overseeing the implementation of the policy.

Resource Implications

There are no additional resource implications arising from this policy as all services and projects covered by this policy are delivered within approved budget limits.

Risk Management Implications

This policy assists Council to limit its exposure to risk by providing guidelines for council officers to remove any barriers that prevent community members from participating fully in Council led programs or activities, their ability to accessing information or Council infrastructure. By removing barriers that prevent the community’s access to Council services and programs, Council minimises its exposure to complaints under the DDA ’92.

Conclusion

This review has provided the opportunity to ensure that the Equitable Access policy remains current and continues to support Council and its Officers in ensuring all services, programs and facilities are accessible by all members of the community.

Officer's Recommendation

THAT the Equitable Access Policy be adopted.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Perkins

CARRIED

MIN/11.12.2013 FOLIO 31067 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

8.10 NEIGHBOURHOOD CENTRE AND YOUTH PROGRAMS POLICY

File No Community Development Author Manager Community Programs

Purpose

To seek Council support for the adoption of the Neighbourhood Centre and Youth Programs Policy.

Background/Discussion

Mackay Regional Council currently receives funding from the State Government through the Department of Communities, Child Safety and Disability Services to deliver services and programs through the Sarina Neighbourhood Centre and Youth Programs. The funding agreements between Council and the State Government require that the rights of clients are to be considered in the provision of services and that council officers and volunteers are to use the Human Services Quality Framework to guide their practice when responding to and meeting the needs of all clients.

The Neighbourhood Centre and Youth Programs Policy therefore provide the parameters to guide the development of programs and the management of relationships with clients of the services funded by Queensland State Government in partnership with Mackay Regional Council.

In addition to this Neighbourhood Centre and Youth Programs Policy, a suite of internal operating guidelines will be developed to meet the specific elements of the Human Services Quality Framework thereby providing guidance for officers and volunteers in their day to day interaction with clients of services subsidised with funds provided by the State Government. These internal operating guidelines will be endorsed by the Manager Community Programs and the Strategy, Leadership and Performance Team.

Consultation and Communication

This policy has been prepared following consultation with Co-ordinator Community Development, Sarina Neighbourhood Centre Officer and members of the Youth Development Team. Additional input was sort from Resource Officers within the Department of Communities, Child Safety and Disability Services to ensure compliance with current funding agreements.

Resource Implications

There are no additional resource implications arising from this policy as all services are delivered within approved budget limits.

MIN/11.12.2013 FOLIO 31068 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Risk Management Implications

This policy, when read in conjunction with funding agreements and the Human Services Quality Framework sets the guidelines to effectively minimise risk associated with the delivery of services and programs to clients accessing the Sarina Neighbourhood Centre and Youth Development Programs.

Conclusion

This policy enables Mackay Regional Council to meet its obligations under the funding agreement with the State Government and provides the framework to guide officers in their work of delivering programs and services to clients accessing services subsidised by the State Government.

Officer's Recommendation

THAT the Neighbourhood Centre and Youth Programs Policy be adopted.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Steindl

CARRIED

8.11 SUBMISSION ON DRAFT QUEENSLAND PORT STRATEGY

Author Manager Strategic Planning

Purpose

The purpose of this report is advise Council of the Draft Queensland Port Strategy and to seek endorsement on a submission on the draft Strategy.

Background/Discussion

The Department State Development, Infrastructure and Planning released the draft Queensland Ports Strategy (QPS) in October 2013 for comments, with implementing legislation intended to be in place by 2014. Submissions close in December 2013.

The Queensland port network plays a vital role in the development of the State's economy. While trade volumes across Queensland's 20 ports have grown by 9.58 % over the past four years, there has also been calls for increased environmental protection to be afforded to the Great Barrier Reef (the Queensland Government published its Great Barrier Reef Ports Strategy for public comment in 2012). The Queensland Ports Strategy supports restricting any port

MIN/11.12.2013 FOLIO 31069 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

expansion in or adjoining the Great Barrier Reef to within existing port limits for the next 10 years.

The Queensland Ports Strategy intends to provide a blueprint for managing and improving the efficiency and environmental management of Queensland’s ports network. The Queensland Government’s vision is to ‘drive economic growth through the efficient use and development of Queensland’s long established major port areas, while protecting and managing Queensland’s outstanding environmental assets’. The government intends to achieve this vision through the following five key themes and actions:

1. Theme: Strategic use of ports Action: Establishing Priority Port Development Areas

The draft QPS proposes to declare five of the twenty ports along the Queensland coastline as priority port development areas (PPDAs) where development will be concentrated over the next decade. The five designated PPDAs are as follows:

 Port of Brisbane;  Port of Gladstone;  Ports of Mackay and Hay Point;  Port of Abbot Point; and  Port of Townsville.

In essence, the Queensland government will support the expansion of these major ports, including expanding infrastructure capacity, improving the transport supply chain to these ports, prohibiting capital dredging outside these ports and developing master plans for these ports.

At the ports of Hay Point and Mackay, a single PPDA will be established comprising two zones — a separate zone at each port. This will allow for planning and development to be considered at a regional level.

The draft QPS acknowledges the rapid economic and investment growth in Central Queensland and the critical role the Port of Hay Point plays in coal export; and the Port of Mackay has in terms supporting agriculture and importing of petroleum and other bulk commodities required for the resources sector. The strategic use of the Port of Mackay as a multi-commodity import hub for the resources industry is allowing the port of Hay Point and (and Port of Abbot Point) to focus on their comparative advantage in exporting coal.

2. Theme: Environmental protection Action: Concentrating port development

The theme of environmental protection focuses on consolidating port development to the 5 priority port development areas, ensuring ports operate in accordance with established environmental management systems, ensuring dredging are managed in accordance with environmental standards and management of shipping routes through the Great Barrier Reef.

New Queensland ports legislation will be enacted in 2014 to implement the draft QPS. The legislation will require improved master planning for the PPDAs and prohibit capital dredging for the development of deep water port facilities outside the PPDAs until 2024. The proposed prohibition of capital dredging would limit port expansion and

MIN/11.12.2013 FOLIO 31070 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

development to within the 5 PPDAs. This prohibition would presumably not prevent port development outside of the PPDAs for previously approved port projects, or where capital dredging is not required or is required for safety reasons.

This proposal is informed by the UNESCO World Heritage Committee recommendation that port development outside long-established major port areas within or adjoining the Great Barrier Reef should be restricted. The draft Queensland Ports Strategy builds on the commitment of the draft Great Barrier Reef Ports Strategy proposed to restrict any significant port development, within and adjoining the Great Barrier Reef World Heritage Area, to within existing port limits to 2022.

The draft QPS further suggests that port and terminal expansion and development (including dredging) will be permitted within the 5 PPDAs via a staged and incremental expansion process as defined in approved master plans and subsequent monitoring frameworks.

3. Theme: Efficiency Action: Reviewing port governance

The Government is reviewing the current governance arrangements for the Queensland port network. Queensland ports are currently managed by four Government Owned Corporations (GOCs) with the exception of Port of Brisbane which is managed by a private sector operator following the privatisation of the port. North Queensland Bulk Ports Corporation (NQBP) manages the ports of Mackay, Hay Point, Abbot Point, Weipa and Maryborough. The draft QPS accepted a Queensland Commission of Audit recommendation, recommending that NQBP be retained as a Government owned Corporation responsible for the management and future development of state strategic port facilities, and to expand its role to include supply chain coordination.

The Government will facilitate future commercial arrangements that support access to port infrastructure by multiple users so that strategic infrastructure assets are utilised effectively. This could be facilitated through commercial arrangements tailored to the circumstances of each port location to ensure optimum use of port capacity. As an example, third party ‘open access’ arrangements on commercial terms are considered to ensure that the Abbot Point expansion project proponents are incentivised to maximise the use of the terminal, rather than engaging in ‘land banking’. These arrangements will ensure that access to the port is available to companies which are not able to fund terminal developments themselves.

4. Theme: Supply Chains Action: Improving supply chain infrastructure coordination and delivery

The draft QPS commits to productivity growth through improving existing supply chain infrastructure (for example, through pricing mechanisms that encourage off-peak use or attracting more road freight to rail networks), before considering delivery of new infrastructure.

The QPS is part of a wider framework to improve supply chain coordination in the State and follows other recent initiatives such the draft Moving Freight Strategy, the Sea Freight Action Plan (being developed by the Department of Transport and Main Roads),

MIN/11.12.2013 FOLIO 31071 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

and the government’s shift to facilitating rather than delivering supply chain infrastructure.

5. Theme: Master planning Action: Developing a statutory master planning guideline

Master plans will be required for the five Priority Port Development Areas and will be encouraged for all remaining Queensland ports. Master planning for ports was identified as a key action of the National Ports Strategy to ‘develop long-term integrated master plans for ports guided by best practice’. This action is further supported by Ports Australia’s paper Leading Practice: Port Master Planning – Approaches and Future Opportunities, which aligns with the Queensland Government’s views on a master planning framework for ports.

A new statutory port master planning guideline will be developed as part of the implementing legislation on the QPS. The statutory guideline will provide guidance on matter to be addressed in the master plans, such as:

 matters normally considered to be outside port boundaries, including preservation and management of supply chains and transport corridors;  environmental management considerations, including existing regulatory requirements, and various specific issues including shipping management, dredging, offsets and cumulative impacts;  establishing a competitive advantage by providing a plan-based foundation for economic and infrastructure decision-making;  current and forecast trade demands;  port governance and performance;  provision of increased certainty for port communities and port users about future development and operations; and  ensuring a balance with industries and communities that use areas impacted by port development, such as fishing and tourism.

Under the master planning guideline, PPDAs will be required to prepare master plans that include an Environmental Management Framework (EMF). The EMF will address potential environmental impacts of proposed port development and port activities, including consideration of potential marine as well as cumulative impacts. An EMF will be required to meet both Queensland and Australian government environmental standards.

The draft QPS suggests that compliance of master plans with the statutory guidelines will position ports for regulatory streamlining and accelerating the environmental assessment and approval process for development proposals within the mentioned environmental standards. Future approvals in PPDAs will not be eligible for the regulatory streamlining benefits accrued by master plans if the EMF requirements are not met. Detail on the content or process for developing an EMF is not available, but it is presumed that the approved master plan will negate further environmental assessment.

While the draft QPS mentions the importance of strategic alignment across levels of planning, including local government, precinct and project level planning, it does not provide detail of how this will be achieved. More specifically, the draft QPS does not mention any alignment with local government infrastructure planning, consideration of the impact of port development on council infrastructure or contributions towards trunk infrastructure based on user demands.

MIN/11.12.2013 FOLIO 31072 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Consultation and Communication

 Planning Portfolio Councillor;  Executive Officer Sustainability and Collaboration;  Project Director Regional Sustainability and Engagement;  Executive Officer, Whitsunday ROC;  Manager Parks and Environment.  Development Services Management Team;  Principal Planner - CBD;  Principal Engineer;  Principal Planner - Strategic Planning; and  Senior Planner.

Resource Implications

Nil

Risk Management Implications

A lack of detail in the development of master plans, or lack of further requirements to assess the impact of port development, may result in an adverse impact on trunk infrastructure, surrounding land uses or the environment.

Conclusion

The draft QPS nominates the Ports of Mackay and Hay Point as one of five priority port development areas. PPDAs will be required to develop 30 year master plans, considering a range of matters including environmental management considerations, port governance and performance, and supply chain corridors. The draft Queensland Ports Strategy will, according to its strategic objectives:

 provide certainty and direction for future port planning;  support environmental protection, in particular for the Great Barrier Reef;  support improvements in the management and productivity of ports and the ports network;  enhance supply chain connections; and  facilitate the strategic use of ports.

The Draft Queensland Port Strategy however lacks detail on the suggested Environmental Management Framework and omits information on how the impact of port development on surrounding land uses, trunk infrastructure and alignment with local government planning will be considered and addressed.

MIN/11.12.2013 FOLIO 31073 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT Council advises The Department State Development, Infrastructure and Planning, that Council supports the Draft Queensland Port Strategy, subject to:

A. Further consultation on a draft master plan guideline and Environmental Management Framework; and

B. Ensuring master plan guidelines include detail on impact of port development on council infrastructure and alignment with local government planning and trunk infrastructure planning.

Council Resolution

THAT Council advises The Department State Development, Infrastructure and Planning, that Council supports the Draft Queensland Port Strategy, subject to:

A. Further consultation on a draft master plan guideline and Environmental Management Framework; and

B. Ensuring master plan guidelines include detail on cumulative effects of current and proposed impacts of port development on council infrastructure and alignment with local government planning and trunk infrastructure planning.

Moved Cr Perkins Seconded Cr Jones

CARRIED

8.12 DEPARTMENT TRANSPORT AND MAIN ROADS DRAFT MACKAY WHITSUNDAY PRINCIPAL CYCLE NETWORK PLAN

File No DTMR Principal Cycle Network Plan Author Manager Strategic Planning

Purpose

To seek Council’s endorsement of the Department Transport and Main Roads (DTMR) draft Principal Cycle Network Plan (PCNP).

Background/Discussion

The Mackay Whitsunday Principal Cycle Network Plan (PCNP) has been developed to guide and inform practitioners involved in the planning, design and construction of the region's transport network. It provides a vision for the cycle network in the Mackay/Whitsunday region.

Principal cycle network is comprised of core routes designed to maximise the community's use of the bicycle as an everyday form of transport. It is a functional network focussed on trips that

MIN/11.12.2013 FOLIO 31074 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

can be easily cycled in the Mackay/Whitsunday region. The PCNP identifies routes primarily for cyclists within urban environments, with a particular focus on cycle trip destinations within a 5km radius.

The principal routes shown in the PCNP represent cycling desire lines. They indicate the most important routes and known missing links for cyclists within the region. The routes shown are indicative and in most instances, further corridor investigation work will be required to determine the precise route and desired standard of cycle facilities. The addition of a cycling desire line from Gordon Street/Milton Street intersection to the Ron Camm Bridge is recommended for inclusion in the RCNP as DTMR's Bruce Highway upgrades in this location will include cycle facilities and infrastructure.

The PCNP's role is to flag the demand, location and functional requirement of cycle routes and inform further planning and design of cycle infrastructure across the region. Principal and future strategic routes along state controlled transport corridors will trigger the provision for cyclists as defined by the department's Cycle Infrastructure Policy.

Regional recreation routes are not considered to be part of the principal cycle network as it applies to this policy. Some recreational routes are however identified in the draft PCNP. A consistent approach to recreational routes should be considered which may result in removal of recreational routes from the draft PCNP as it is inconsistent with the PCNP’s intent. Information on all recreational routes identified through the PCNP's consultation phase has been collated into a reference document available to the DTMR regional office in Mackay to inform future works on the state-controlled road network.

Consultation and Communication

The planning for the PCNP was first initiated by DTMR in 2011. Stakeholder workshops were held in various centres in the Mackay/Whitsunday Region. These stakeholders represented local and state government agencies, local cyclists and bicycle interest groups and some local community groups.

After the stakeholder meetings, DTMR officers analysed and refined the draft network using the planning principles along with knowledge of the physical conditions surrounding particular routes.

Council provided comment on an initial draft PCNP in July 2013. DTMR provided the attached draft PCNP in October 2013, requesting Council endorsement. Council briefing session was held on 26 June 2013.

The following internal programmes were asked to review and comment on the draft PCNP:

 Development Assessment;  Development Engineering;  Technical Services; and  Active Towns Project.

MIN/11.12.2013 FOLIO 31075 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Resource Implications

Implementation of the plan will occur through existing delivery mechanisms which include the Transport Infrastructure Development Scheme (TIDS) grants, the Queensland Transport and Roads Investment Program (QTRIP) and DTMR's Cycle Infrastructure Policy. Implementation will also occur through the development assessment process.

DTMR will collaborate with local governments to identify a list of priority corridors. The prioritised list will be published as an addendum to the PCNP and will be reviewed every three years to ensure it remains an up-to-date representation of investment priorities. It will guide state planning and investment decisions as well as the assessment of grants to local government for cycling infrastructure.

Council’s adopted Bicycle Plan remains the overriding document in Council’s prioritisation of construction and maintenance projects relating to cycling infrastructure.

Risk Management Implications

The PCNP is a strategic document with the aim of informing and influencing but has no legislative or statutory weight. The Cycle Infrastructure Policy requires that DTMR considers the needs of cyclists in all state-controlled road and transport projects. When a state-controlled road or transport project coincides with an identified principal cycle network route the department seeks to integrate cycle infrastructure as part of the project. DTMR's Cycle Infrastructure Policy is one of the key delivery mechanisms for the principal cycle network, requiring cycle facilities to be funded by larger transport projects on the state-controlled road network.

Conclusion

While not a prerequisite to finalising the PCNP, Council's endorsement of the plan will assist in developing a consistent approach to the development of the active transport network and also help to reduce requirements as part of the state interest check process. As stated in the draft PCNP, further consultation on developing an action plan for implementation, corridor investigation work and designs are required to progress the identified cycle desire lines.

The addition of a principal cycle network desire line from Gordon Street/Milton Street intersection to the Ron Camm Bridge is recommended for inclusion in the PCNP as DTMR's Bruce Highway upgrades in this location will include cycle facilities and infrastructure.

Officer's Recommendation

THAT Council advises Department Transport and Main Roads, that it supports the Mackay Whitsunday Principle Cycle Network Plan, subject to:

A. Further consultation with Council is held regarding the development of an action plan, corridor investigation and determining precise routes and desired standard of cycle facilities and infrastructure.

B. The inclusion of an additional principal cycle network desire line from Gordon Street/Milton Street intersection to the Ron Camm Bridge.

MIN/11.12.2013 FOLIO 31076 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonanno

CARRIED

8.13 REVIEW OF PETITION - CAMPWIN BEACH DOG OFF LEASH

Author Chief Executive Officer

Purpose

A petition signed by a number of residents at Campwin Beach sought to cease the dog off leash area at Campwin Beach. As is Council's policy, the Chief Executive Officer was asked to undertake a review. This report represents that review.

Background/Discussion

In response to a petition from a number of residents of Campwin Beach in terms of the removal of the dog off leash area a surveillance program was undertaken to determine the use on this beach.

The graph below represents the finding of the surveillance program. As evident, Campwin Beach is well used by residents both with and without dogs.

MIN/11.12.2013 FOLIO 31077 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

It can be noted from the surveillance program that greater numbers of dog owners on average do not adhere to Councils local laws for the dog off leash area. Affecting this outcome is the inadequacy and visibility of signage specifying dog off leash areas and the limitation of Council resources to undertake patrols across the entire region.

A brief surveillance program was also undertaken at nearby Johnson’s’ Beach which revealed that this beach was infrequently used by residents.

Consultation and Communication

Councillors

Resource Implications

Council’s ability to undertake a regulatory inspection of dog off leash areas is limited to infrequent inspections primarily during the day. Greater regulatory inspections would entail either additional resources and or increased expenditure, which is not a budgeted item.

Risk Management Implications

Failure to reduce the number of dogs off leash in unspecified areas of the beach will result in the reduction of amenity by some residents of this beach.

Conclusion

A surveillance program has revealed that Campwin Beach is well used by residents both with and without dogs. It has also revealed that a number of the dog users do not responsibly maintain their animals along the beach. A brief surveillance program at Johnson’s Beach has revealed infrequent use of this beach by residents. To ensure greater accountability in terms of compliance with local laws increased patrolling of facilities would be required, and therefore increased unbudgeted expenditure.

There are a number of options that Council may consider including:

1. Status Quo – that is maintain the existing use of the dog off leash area at Campwin Beach and seek additional funding in the 2014/15 budget in terms of increased patrolling for all areas, or

MIN/11.12.2013 FOLIO 31078 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

2. Cease using Campwin Beach as a dog off leash area by transferring such use to Johnson’s Beach and seek additional funding in the 2014/15 budget in terms of increased patrolling for all areas.

Officer's Recommendation

THAT Council:

a. Maintains its current dog off leash areas and considers additional funding for increased patrolling of all areas in the 2014/15 budget;

b. Council review signage at Campwin Beach to increase the awareness of dog owners; and

c. Council undertakes an education program for residents at Campwin Beach in terms of responsible dog use of specified areas.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Perkins Seconded Cr Bonaventura

CARRIED

Cr Jones recorded her vote against the Motion.

9. CONSIDERATION OF COMMITTEE REPORTS:

9.1 DRAFT MINUTES CULTURAL DIVERSITY ADVISORY COMMITTEE

Author Manager Community Programs

Purpose

Attached is a copy of the draft minutes of Cultural Diversity Advisory Committee meeting held 21 November 2013 for information purposes.

Officer's Recommendation

THAT the minutes of the Cultural Diversity Advisory Committee meeting held 21 November 2013 be received.

MIN/11.12.2013 FOLIO 31079 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Jones Seconded Cr Perkins

CARRIED

9.2 RADF 2013/2014 ROUND 2 ASSESSMENT MEETING

File No Regional Arts Development Fund Author Manager Community Programs

Purpose

To ratify Regional Arts Development Fund (RADF) Committee recommendations from the Committee meeting held on 2 December 2013.

Background/Discussion

This is the second round of grants assessed by the RADF Committee this financial year under the RADF guidelines. Eleven applications totalling $79,882.55 have been received.

Consultation and Communication

The RADF Chair, and nine community representatives and two Arts Development Officers met to assess applications received.

Resource Implications

The budget available for the RADF program for the 2013/2014 financial year is $160,000. This total comprises four rounds of $38,250 per round available to community applicants and $7,000 toward training of committee members. An amount of $61 accrued from round one was added to the total available this round making a total of $38,311.

Risk Management Implications

Nil.

Conclusion

The committee is recommending that eight of the eleven applications received be approved totalling $35,172.

MIN/11.12.2013 FOLIO 31080 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Officer's Recommendation

THAT the minutes of the RADF Grant Assessment Meeting held on the 2 December 2013 be received.

FURTHER THAT Council approves funding to the following applicants for the amounts listed to a total of $35,172.

Name Category Requested Approved Amount amount 1 Jodie Maloney Developing Regional $1,058 $1,058 Skills 2 Jenni Hanna Developing Regional $4,210.55 - Skills 3 YIRS Building Community $11,200 - Capacity 4 Margaret Burgess Building Community $5,765 $5,765 Cultural Capacity 5 Sarina Arts Council (Arts Building Community $6,630 $6,630 Extravaganza) Cultural Capacity 6 Dancing Together Building Community $29,300 - Initiative Cultural Capacity 7 River Rock to Mountain Cultural Tourism $6,000 $6,000 Festival 8 Shanna Souvlis Concept Development $6,399 $6,399 (Wintermoon Fest.) 9 Ian Hamilton Contemporary $4,060 $4,060 Collection/Stories 10 Pioneer Valley Country Concept Development $1,760 $1,760 Music Association 11 Shelley Engwirda & Concept Development $3,500 $3,500 Irene Coburn TOTAL $79,882.55 REQUESTED TOTAL APPROVED $35,172

MIN/11.12.2013 FOLIO 31081 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the minutes of the RADF Grant Assessment Meeting held on the 2 December 2013 be received.

FURTHER THAT Council approves funding to the following applicants for the amounts listed to a total of $29,172.

Name Category Requested Approved Amount amount 1 Jodie Maloney Developing Regional $1,058 $1,058 Skills 2 Jenni Hanna Developing Regional $4,210.55 - Skills 3 YIRS Building Community $11,200 - Capacity 4 Margaret Burgess Building Community $5,765 $5,765 Cultural Capacity 5 Sarina Arts Council (Arts Building Community $6,630 $6,630 Extravaganza) Cultural Capacity 6 Dancing Together Building Community $29,300 - Initiative Cultural Capacity

8 Shanna Souvlis Concept Development $6,399 $6,399 (Wintermoon Fest.) 9 Ian Hamilton Contemporary $4,060 $4,060 Collection/Stories 10 Pioneer Valley Concept Development $1,760 $1,760 Country Music Association 11 Shelley Engwirda & Concept Development $3,500 $3,500 Irene Coburn TOTAL $79,882.55 REQUESTED TOTAL APPROVED $29,172

Moved Cr Bonanno Seconded Cr Morgan

CARRIED

Crs Bonanno and Walker declared a real conflict of interest (as per section 173 of the Local Government Act 2009) on this matter due to being members of the Committee for the River Rock to Mountain Top Committee and left the room at 10.22 am, taking no part in the debate or decision of the meeting.

Cr Perkins declared that a perceived conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to his membership of the Pioneer Valley Rotary Club and left the room at 10.22 am, taking no part in the debate or decision of the meeting.

MIN/11.12.2013 FOLIO 31082 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Voting then recorded as per usual.

THAT Council approves funding to the following applicant for the amount listed to a total of $6,000.

7 River Rock to Mountain Festival Cultural Tourism $6,000 $6,000

Moved Cr Steindl Seconded Cr Morgan

CARRIED

10.24 am - Crs Bonanno, Perkins and Walker returned to the Meeting Chamber.

10. RECEIPT OF PETITIONS:

Nil

11. TENDERS:

11.1 MRC 2014-028 LEASE OF PARTIAL BLOCK OF LAND - 191 SMYTHS ROAD SARINA

File No 244504-010-SP Author Manager Property Services

Purpose

To present to Council for approval, tender received for MRC 2014-028 Lease of Partial Block of Land at 191 Smyths Road, Sarina.

Background/Discussion

Mackay Regional Council issued a Request for Tender (RFT), seeking submissions for the lease of a partial block of land described as Lot 10 on SP244504 county of Carlisle Title Reference: 40850331.

The successful tenderer shall enter into a formal registered lease for a five year term with the option of two extensions of five years each.

Tenders were invited on the 28th September 2013, via Council’s website and advertised locally in the Daily Mercury.

The following submission was received by closing time 10.00am Tuesday 22nd October 2013:

MIN/11.12.2013 FOLIO 31083 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

a) Thomsett, DV, DM, DR, KR, LV, LM & RJ Trading As Kalara Farming

An initial compliance check was conducted on the 31st October 2013 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.

The submission was 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 respondent was assessed against the qualitative selection criteria. Specific criteria were weighted according to their importance and were published within the RFT.

The weighting attributed to each qualitative criterion was:

a) Proposed Use of Land 55% b) Experience and resources 35% c) Local Content 10%

The qualitative criteria assessment was carried out by the Evaluation Panel on the 31st October 2013, with the Evaluation Panel assessing the submission against the nominated qualitative criteria.

The tendered annual prices are listed below, excluding GST:

Year 1 Nil Year 2 $3,920.00 Year 3 $9,800.00 Year 4 $9,800.00 Year 5 $9,800.00

Consultation and Communication

The evaluation of the tenders was conducted by:

 Property Services Coordination Officer  Property Services Asset & Lease Officer  Contracts Coordinator  Contracts Officer

Resource Implications

Rental income has been determined and accepted with all fees and charges in respect to preparation and registration of the lease being payable by the Lessee.

Risk Management Implications

The lease is required to ensure farming continues upon the land to benefit the community and regional cane industry and that the land is maintained and managed to a satisfactory standard. Should the lease not be accepted the responsibility of maintaining the land would be borne by Council.

MIN/11.12.2013 FOLIO 31084 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Conclusion

That awarding the contract to Thomsett, DV, DM, DR, KR, LV, LM & RJ Trading as Kalara Farming represents the most advantageous outcome for Mackay Regional Council based on demonstrated value for money.

The lease will be a commercial lease for an initial five year term with the option of two extensions of five years each.

Officer's Recommendation

THAT the tender for MRC 2014-028 Lease of Partial Block of Land, 191 Smyths Road, Sarina be awarded to Thomsett, DV, DM, DR, KR, LV, LM & RJ Trading As Kalara Farming with the commercial lease be issued for an initial period of five years with the option of two extensions of five years each.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonanno

CARRIED

11.2 MRC 2014-005 PROVISION OF SECURITY SERVICES

Author Manager Procurement and Plant

Purpose

To present to Council for approval tenders received for MRC 2014-005 Provision of Security Services.

Background/Discussion

Mackay Regional Council (Council) issued a Request for Tender (RFT) seeking suitably experienced and qualified contractors to provide a range of professional security services across Council’s sites.

The proposed commencement date for this contract is 1 February 2014 for an initial term of twenty four (24) months together with the option of a twelve (12) month extension period.

Tenders were invited on the 24 August 2013, via Council’s website and advertised locally in the Daily Mercury.

The following submissions were received by the closing time of 10.00am 24 September 2013:

MIN/11.12.2013 FOLIO 31085 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

CFT Security Pty Ltd Mackay Based ETS Enterprises Pty Ltd Trading as ET Security Mackay Based Evolve Protection Services Pty Ltd Mackay Based G&T Security QLD Company – Local Branch Grant McDougall Trading as Patrons Protective SA Company – QLD Branches Services Group CCTV Pty Ltd Mackay Based J-Nine Pty Ltd Trading as Roy Powell Security Mackay Based Pyramid Security Services Pty Ltd Mackay Based Southern Cross Protection Pty Ltd NSW Company – Local Branch Southern Cross Group Services Pty Ltd NSW Company – No local Branch

An initial compliance check was conducted on the 15 October 2013 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information.

Tender Information Requests (TIR) were issued to the following contractors requesting further clarification on information contained within their submissions and inclusions in their submitted pricing:  CFT Security Pty Ltd, and  ETS Enterprises Pty Ltd Trading as ET Security Services, and  Evolve Protection Services Pty Ltd, and  Grant McDougall Trading as Patrons Protective Services, and  Pyramid Security Services and Pyramid Security Pty Ltd

Southern Cross Group Services Pty Ltd nominated in their submission that two local firms would be utilised to undertake the services as requested in the RFT. Pursuant to Clause 7 of the Services Agreement, the successful contractor must not subcontract or assign any right or obligation under the Agreement.

The two firms nominated as subcontractors by Southern Cross Group Services Pty Ltd, submitted a direct response to Council. As such, the evaluation panel did not progress Southern Cross Group Services Pty Ltd submission through to the evaluation stage.

All other 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:

Relevant Experience - 25% Key personnel skills and experience - 25% Tenderers’ Resources - 20% Demonstrated Understanding - 20% Local Content - 10%

MIN/11.12.2013 FOLIO 31086 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

The first qualitative criteria assessment was carried out by the Evaluation Panel on the 29 October 2013 with the evaluation panel reviewing the schedule of rates and responses to the qualitative criteria.

Following the meeting of the 29 October 2013, the evaluation panel determined that the services requested in the RFT required further separation due to the diversity of skills necessary to undertake the services requested.

The following groups were identified:

Group 1 Nightly Patrol Crowd Control Static Guard

Group 2 Transfer & Collection

Group 3 Alarm Monitoring Alarm Response Duress Alarm CCTV  Access Control  Installation

Following the first evaluation meeting, further TIR’s were issued to the following contractors seeking further information pertaining to their qualitative criteria and pricing clarifications:

J-Nine Pty Ltd Trading as Roy Powell Security, and ETS Enterprises Pty Ltd Trading as ET Security Services.

Both responses were received within the relevant timeframe and reviewed at the second evaluation panel meeting held on the 26 November 2013.

Based on the combined scores of the evaluation panel, it is recommended that awarding the contract to CFT Security Pty Ltd and Nine Pty Ltd Trading as Roy Powell Security, offers value for money based on their previous experience in these fields, schedule of rates pricing and local knowledge.

The evaluation of the tender was conducted by:

 Technical Officer - Property Services  Co-ordinator - Property Services  Team Leader City Centre Maintenance - Parks & Environment  Team Leader Business Support - Community Programs  Assistant Precinct Manager - MECC & Events  Contract Officer - Procurement & Plant

MIN/11.12.2013 FOLIO 31087 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Consultation and Communication

Consultation was held between Property Services, Parks & Environment, MECC and Events and Procurement & Plant prior to the Request for Tender being released.

Resource Implications

Budget allocations for 2013/2014 are provided within the following programs:

Community Programs

 Security banking - $48,000.00

Parks and Environment

 Static Guard - $98,000.00

Property Services

 Security Patrol Services - $317,272.00

MECC and Events

 Crowd Control - $44,000.00

 Alarm Monitoring - $1,800.00

 Nightly Patrols - $6,000.00

This is a schedule of rates contract, which is utilised on an as required basis and funding is to be provided from the relevant department budgets listed.

Expenditure for patrol services, being the largest portion of the contract, for the 2012/2013 financial year was $315,524. Based on the schedule of rates provided for the same period and current level of service the estimated fee is $304,260 being a 3.6% reduction in fees.

There are no financial risks to Council for this contract as all funding will be provided on as required basis

Risk Management Implications

The conditions of contract provide sufficient remedies to Council based on the risk profile of the services being provided.

The recommended respondents are required to provide all relevant insurance, licences 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

MIN/11.12.2013 FOLIO 31088 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

 Security Licences

Council staff members will monitor the Work Health and Safety risks associated with this contract by ensuring all contractors comply with Council’s PPE management policy, Drug & Alcohol management policy, Fatigue management policy and ensure a valid Mackay Regional Council contractor’s induction is held.

Conclusion

It is recommended that the contract for MRC 2014-005 Provision of Security Services for a twenty four (24) month period with the option of a twelve (12) month extension be awarded as follows:

CFT Security Pty Ltd

 Nightly Patrol  Crowd Control  Static Guard  Transfer & Collection  Alarm Response

J-Nine Pty Ltd Trading as Roy Powell Security

 Alarm Monitoring  Duress Alarm  CCTV  Access Control  Installation

Officer's Recommendation

THAT Council award tender MRC 2014-005 Provision of Security Services for a twenty four (24) month period based upon their schedule of rates tender with the option of a twelve (12) month extension for the services listed to:

CFT Security Pty Ltd • Nightly Patrol • Crowd Control • Static Guard • Transfer & Collection • Alarm Response

J-Nine Pty Ltd Trading as Roy Powell Security • Alarm Monitoring • Duress Alarm • CCTV • Access Control • Installation

MIN/11.12.2013 FOLIO 31089 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Perkins

CARRIED

11.3 MRC 2014-014 PREFERRED SUPPLIER ARRANGEMENT - TESTING, TAGGING AND SUPPLY OF LIFTING EQUIPMENT

Author Manager Procurement & Plant

Purpose

To present to Council for approval, tenders submitted for MRC 2014-014 Preferred Supplier Arrangement – Testing, Tagging and Supply of Lifting Equipment in accordance with Section 233 of the Local Government Regulation 2012.

Background/Discussion

Preferred Supplier Arrangements have proven to be a cost-effective means of supplying high usage goods and services utilised by Council's departments due to negating the requirements for quotes to be obtained for each purchase of equipment or provision of services.

Mackay Regional Council (Council) issued a request for tender (RFT) inviting submissions from suitably qualified suppliers for the testing, tagging, destruction and replacement of failed items for lifting equipment, in accordance with legislative and Australian Standard requirements. This is the first contract for these services and will cover all departments of Council.

The successful supplier is required to develop and maintain an electronic lifting register on Council’s behalf, in accordance with Work Health and Safety Act 2011 and supporting regulations and Australian Standards relevant to the inspection and testing of lifting equipment.

The commencement date for this contract is the 6th January 2014, for a twenty-four (24) month term with an option of a twelve (12) month extension.

Tenders were invited on the 10th August 2013, via Council's website and advertised locally in the Daily Mercury seeking submissions from suitable suppliers for the provision of Testing, Tagging and Supply of Lifting Equipment.

The following submissions were received by the closing time of 10.00am on the 24th September 2013:

A.Noble & Son Ltd Bullivants Pty Ltd

MIN/11.12.2013 FOLIO 31090 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Konecranes All-Rig Lifting and Engineering Supplies Pty Ltd Robertsons Lifting and Rigging Pty Ltd Roofsafe-T-Systems Trading As Roofsafe Industrial Safety

An initial compliance check was conducted on the 1st October 2013 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information.

A Tender Information Request (TIR) was issued on the 14th October 2013 to Konecranes requesting further information pertaining to their qualitative criteria.

All submissions were progressed through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the Request for Tender (RFT) had been met.

The qualitative criteria assessment was carried out by the Evaluation Panel on 17th October 2013, with the Evaluation Panel scoring the tenders according to the qualitative selection criteria as published in the RFT.

The weighting attributed to each qualitative criteria was:

Relevant Experience - 25% Key Personnel Skills and experience - 25% Tenderers Resources - 20% Demonstrated Understanding - 20% Local Content - 10%

The evaluation of the tender was conducted by:

Business Improvement Officer - Water Network Civil Services Coordinator - Water Network Construction Engineer - Civil Projects Supervisor Roads & Drainage - Civil Operations Contracts Coordinator - Procurement and Plant WH&S Officer - Human Resources

A final meeting was held by the Evaluation Panel on the 14th November 2013 to review the completed comparison of qualitative criteria and pricing structure.

At the completion of the evaluation, the panel resolved that Robertsons Lifting and Rigging Pty Ltd be the preferred tenderer based upon their combined qualitative and pricing score.

Consultation and Communication

Prior to releasing the RFT, all operational programs were consulted, to ensure all requirements were specified in the tender documentation.

MIN/11.12.2013 FOLIO 31091 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Resource Implications

The Preferred Supplier Arrangement for Testing, Tagging and Supply of Lifting Equipment is a schedule of rates contract, which is utilised on an as required basis, in line with legislative requirements, with funding to be provided from the relevant departments budget.

The value for testing and tagging of height safety equipment, lifting equipment and fixed items that were known at the time of tender, for MRC 2014-014 Preferred Supplier Arrangement – Testing, Tagging and Supply of Lifting Equipment, if awarded as recommended, is approximately $11,778.00 (Excl GST) for the twenty-four (24) month period.

Council has obtained fixed unit rates for the replacement and destruction of failed height safety and lifting equipment; however the annual expenditure cannot be quantified as this will be on an ad-hoc basis.

Risk Management Implications

The conditions of contract provide sufficient remedies to Council based on the risk profile of the goods and services being provided.

The recommended supplier is required to provide all relevant insurances and compliances prior to the executing of their contract. This includes providing evidence, by way of Certificate of Currency’s for the following insurances:

Product Liability - $20,000,000.00 Public Liability - $20,000,000.00 Workcover - As required by law

Conclusion

It is recommended that MRC 2014-014 Preferred Supplier Arrangement – Testing, Tagging and Supply of Lifting Equipment be awarded to Robertsons Lifting and Rigging Pty Ltd for a twenty-four (24) month period with the option of a twelve (12) month extension commencing on the 6th January 2014.

Officer's Recommendation

THAT Council award tender MRC 2014-014 Preferred Supplier Arrangement – Testing, Tagging and Supply of Lifting Equipment to Robertsons Lifting and Rigging Pty Ltd for a twenty-four (24) month period with the option of a twelve (12) month extension, commencing on the 6th January 2014.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Bonaventura

CARRIED

MIN/11.12.2013 FOLIO 31092 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

11.4 MRC 2014-023 PREFERRED SUPPLIER ARRANGEMENT - SUPPLY AND DELIVERY OF PRE-MIX CONCRETE

Author Manager Procurement and Plant

Purpose

To present to Council for approval tenders received for the preferred Supplier Arrangement - Supply and delivery of Pre-mix Concrete in accordance with Section 233 of the Local Government Regulation 2012.

Background/Discussion

Preferred Supplier Arrangements have proven to be a cost-effective means of supplying high usage goods utilised by Council's departments due to negating the requirements for quotes to be obtained for each purchase. The tendered prices provide emergency and programmed supply to all Council departments.

If quotes were required to be obtained as stipulated under the Local Government Regulation 2012, this would cause considerable delays in the delivery of Council services as well as not achieving competitive market rates due to the economies of scale achieved by aggregating demand.

The current Preferred Supplier Arrangement expires on 31st December 2013. The proposed commencement date for this contract is 1 January 2014, for a twenty-four (24) month period, with a clause for rise and fall after each six (6) months.

Tenders were invited on 7th September 2013, via Council’s website and advertised locally in the Daily Mercury for the Preferred Supplier Arrangement – Supply and Delivery of Pre-mix Concrete for all areas within the Mackay Region.

An Addendum was issued on 12th November 2013 advising prospective respondents of a change of scope with Areas 6 and 8 being incorporated into the tender and a new price schedule was issued.

The following submissions were received by the closing date of 10.00am Tuesday 1st October 2013:

Holcim (Australia) Pty Ltd - Mackay Mansell Premix Pty Ltd - Mackay BJ Tandy & Co Pty Ltd Trading as Tandy Concrete (Mackay) - Mackay

An initial compliance check was conducted by the Evaluation Panel on 3rd October 2013 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 and conditions and mandatory requirements of the RFT had been met.

MIN/11.12.2013 FOLIO 31093 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

The Evaluation Panel met on the 30th October 2013, with the Evaluation Panel considering value for money pricing was considered one of the higher ranked factors, along with the ability to supply a quality product within the specified lead time.

The Request for Tender (RFT) included the requirements for the supply of pre-mix concrete for Areas 1 through to 8, being Mackay and surrounding regions.

Holcim (Australia) Pty Ltd tendered for Areas 1 and 7 only, and Mansell Premix Pty Ltd and BJ Tandy & Co Pty Ltd Trading as Tandy Concrete (Mackay) tendered all Areas.

The following is a summary of the offers received based on the estimated yearly usage figures for a two (2) year contract:

All Areas – 1 – 8

Mansell Premix Pty Ltd - $1,315,808.06 BJ Tandy & Co Pty Ltd Trading as Tandy Concrete (Mackay) - $1,363,207.60

Areas 1 and 7 only

Holcim (Australia) Pty Ltd - $1,189,350.54

A Tender Information Request (TIR) was issued to all respondents on 15th October 2013 seeking clarification on pricing for Area’s 6 and 8.

A further TIR was issued to Holcim (Australia) Pty Ltd on the 12th November 2013 seeking further clarification on their pricing structure.

All responses were received within the relevant timeframes and their responses were reviewed and considered by the panel.

At the completion of the evaluation, the evaluation panel resolved that Mansell Pre-mix Pty Ltd be the preferred tenderer based on their capacity and resources to supply the materials to the specified quality and value for money.

Consultation and Communication

The evaluation of the tenders was conducted by:

Contracts Officer - Procurement and Plant Construction Engineer - Civil Projects Supply Coordinator - Procurement and Plant Plumber - Water Network Central Coordinator - Water Operations

Resource Implications

The total value of this Contract MRC 2014-023, if awarded as recommended for Areas 1 – 8 inclusive is approximately $1,315,808.06 excl GST, for the two (2) year period based on the estimated annual usage.

MIN/11.12.2013 FOLIO 31094 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

The previous contract excluded delivery to Area 6 and Area 8. The total value of last contract for Areas 1,2,3,4,5 and 7 only was $1,530,207.49 excluding GST.

To allow for an accurate comparison of rates, the value of this Contract MRC 2014-023, if awarded as recommended for Areas 1,2,3,4,5 and 7 only, is approximately $1,310,257.47 excl GST.

This is a decrease of approximately 15% on the previous contract areas and rates.

Risk Management Implications

The conditions of contract provide sufficient remedies to Council based on the risk profile of the goods being provided.

The recommended respondent is required to provide all relevant insurances and 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

Conclusion

It is recommended that MRC 2014-023 Preferred Supplier Arrangement - Supply and Delivery of Pre-mix Concrete for a two year (2) period with provision of rise and fall after each six (6) months be awarded to Mansell Pre-mix Pty Ltd for Areas 1 to 8.

Officer's Recommendation

THAT Council award tender MRC 2014-023 Preferred Supplier Arrangement - Supply and Delivery of Pre-mix Concrete for a two year (2) period with the provision of rise and fall after each six (6) months be awarded to Mansell Pre-mix Pty Ltd for Areas 1 to 8, as per their submission, as it presents the most advantageous outcome to Mackay Regional Council.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Steindl

CARRIED

MIN/11.12.2013 FOLIO 31095 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

11.5 MRC 2014-019 PREFERRED SUPPLIER ARRANGEMENTS - SUPPLY & DELIVERY FOR HIRE OF PLANT, EQUIPMENT AND VEHICLES - WITHOUT OPERATORS

Author Manager Procurement and Plant

Purpose

To present to Council for approval tenders received for MRC 2014-019 Preferred Supplier Arrangements – Supply and Delivery for Hire of Plant, Equipment and Vehicles – Without Operators, in accordance with Section 233 of the Local Government Regulation 2012.

Background/Discussion

Preferred Supplier Arrangements have proven to be a cost-effective means of supplying high usage items utilised by council’s operational departments, due to negating the requirements for quotes to be obtained for each time item of plant, equipment or vehicles are required.

Considerable delays to operational activities would be incurred if quotes were to be obtained in each instance, as stipulated under the Local Government Regulation 2012. In order to gain cost efficiency and competitive market rates due to the economies of scale achieved by aggregating demand, council issued the Request for Tender MRC 2014-019 Preferred Supplier Arrangements – Supply and Delivery for Hire of Plant, Equipment and Vehicles – Without Operators.

The current Preferred Supplier Arrangements expires on the 31 December 2013. The proposed commencement date for this contract is the 1 January 2014, for a 24 month term.

The contract provides for rise and fall for the schedule of rates after each 12 month period, subject to council’s approval on the presentation of supporting evidence.

Tenders were invited on the 7 September 2013, via council’s website and advertised locally in the Daily Mercury seeking submissions for the Supply and Delivery for Hire of Plant, Equipment and Vehicles, Without Operators.

The following responses were received by the closing date of 1 October 2013 at 10.00am:

Addison (NQ) Pty Ltd T/as Meteor Car & Truck Rentals Qld Based Mackay Branch Aqua Rental Pty Ltd Mackay Based BRW Transport and Quarries Pty Ltd Mackay Based CAPS Australia Pty Ltd WA Based Mackay Branch Coates Hire Operations Pty Limited NSW Based Mackay Branch Conplant Pty Ltd NSW Based No Mackay Branch Ezyquip Hire Pty Ltd Qld Based Mackay Branch Flexihire Pty Ltd Qld Based Mackay Branch

MIN/11.12.2013 FOLIO 31096 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Force Corp Pty Ltd T/as Force Access Qld Based Mackay Branch Haber Excavations Pty Ltd Mackay Based Hastings Deering (Australia) Ltd Qld Based Mackay Branch G&L Taylor T/as Jacko’s Back-O Mackay Based Kennards Hire Pty Ltd Qld Based Mackay Branch Mackay Car and Truck Rentals Mackay Based North Sheridan Pty Ltd T/as Tutt Bryant Hire Qld Based Mackay Branch NQ Car and Truck Rentals Qld Based Mackay Branch Onsite Rental Group NSW Based Mackay Branch Prime Rentals Pty Ltd Qld Based Mackay Branch Rollers Queensland Pty Ltd Qld Based Roma and Emerald Branches Sherrin Hire Pty Ltd T/as Boom Sherrin Pty Ltd Qld Based Mackay Branch Sherrin Rentals Pty Ltd Qld Based Townsville Branch STL Holdings Pty Ltd T/as Sargent Rental and Qld Based Mackay Branch Maintenance Universal Services International Mackay Based Watsons Temporary Fencing Pty Ltd T/as Mackay Based 1300Tempfence

A late response received on 1 October 2013 at 3.30pm from:

TFH Hire Pty Ltd - Qld Based Mackay Branch

An initial compliance check was conducted by the evaluation panel on 15 October 2013 to identify conforming submissions. This included compliance with contractual requirements and provision of requested information. The late tender submitted by TFH Hire Pty Ltd was accepted by the evaluation panel as the submission was received on the same closing day and TFH Pty Ltd notified council on 1 October 2013 at 8.30am that they were experience technical issues.

Tender Information Requests (TIR) were issued to the following respondents confirming pricing inclusions:

Addison (NQ) Pty Ltd t/as Meteor Car & Truck Rentals Coates Hire Operations Pty Limited Ezyquip Hire Pty Ltd Flexihire Pty Ltd NQ Car and Truck Rentals North Sheridan Pty Ltd T/as Tutt Bryant Hire Rollers Queensland Pty Ltd Sherrin Rentals Pty Ltd

MIN/11.12.2013 FOLIO 31097 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Responses were received within the relevant timeframe, enabling all submissions to progress through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the Request for Tender (RFT) were met.

The evaluation panel held a second evaluation on the 31 October 2013 where submissions were assessed against the qualitative selection criteria. Relative weighting were published with the RFT.

The evaluation panel placed the items requested by Council into three categories.

Category 1 – Plant and equipment. Councils staff and resources benefits from being able to hire plant and equipment from one supplier for the below sub-categories due the number of items that are required on individual projects at the one time.

Access Equipment Air Compressors Air Hammers & Accessories Compaction Equipment Demolition Hammer Demolition Saws Earthmoving & Digging Equipment Generators Rollers Tractors Water Pumps and Hoses Rotary Hammer Drill High Pressure Washers Landscaping Lighting Towers Site Management Site Accommodation 7 Day Hire Miscellaneous

Category 2 Temporary Fencing – Temporary fencing is listed separately due to the basis in which these items are utilised.

Category 3 Vehicles – Vehicles are listed separately due to the varied nature of Council’s requirements.

Further TIR’s were issued to the following respondents to address Statement of Departures and Terms and Conditions included in their submissions:

Addison (NQ) Pty Ltd t/as Meteor Car & Truck Rentals NQ Car and Truck Rentals North Sheridan Pty Ltd T/as Tutt Bryant Hire

All companies replied within the relevant timeframe.

In evaluating the conforming submissions received, the evaluation panel considered:

Value for Money - 90%

MIN/11.12.2013 FOLIO 31098 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Local Content - 10%

Following the review of the submissions and TIR’s, the evaluation acknowledged that all tenderer’s were capable of supplying the Plant, Equipment and Vehicles that they tendered for.

Based on the combined evaluation scores the evaluation panel recommend that awarding this contract to North Sheridan Pty Ltd Trading as Tutt Bryant Hire, TFH Hire Pty Ltd, Addison (NQ) Trading as Meteor Car & Truck Rentals, NQ Car & Truck Rental, Mackay Car & Truck Rental and STL Holdings Pty Ltd Trading As Sargent Rental and Maintenance provides value for money and capacity to supply from local Mackay branches.

The evaluation of the tender was conducted by:

 Maintenance Engineer - Civil Operations  Civil Services Co-ordinator - Convention Precinct & Events  Supervisor Horticulture - Parks and Environment  Construction Engineer - Civil Projects  Contract Officer - Procurement and Plant

Consultation and Communication

Prior to releasing the Request for Tender, all operational branches were consulted to ensure all requirements were specified in the tender documentation.

Resource Implications

The Preferred Suppliers Arrangement for the Supply and Delivery for Hire of Plant, Equipment and Vehicles without Operators contract is a schedule of rates contract, which is utilised on an as required basis, and funding is to be provided from the relevant department budgets.

Based on the estimated usage as detailed in the tender documents and utilising the rates of the recommended provider for the Plant, Equipment and Temporary Fencing, the contract for these categories has the potential value of approximately $1,648,769.05 excluding GST for the 24 month period. Overall it is believed that this amount would be catered for in the various departmental budgets over the two (2) year period.

The comparison of rates between the current contract provider and the recommended provider tendered schedule of rates for the Plant, Equipment and Temporary Fencing indicates a decrease of 23.47%.

Of the 245 items priced for the plant, equipment and temporary fencing:

 87 items priced decreased in value,  5 increased and  153 items remained the same.

There are no previous contract comparison figures available for the hire of vehicles as this is the first time they have been released for tender.

MIN/11.12.2013 FOLIO 31099 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Risk Management Implications

The conditions of contract provide sufficient remedies to council based on the risk profile of the goods being provided.

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 2014-019 Preferred Supplier Arrangements – Supply and Delivery for Hire of Plant, Equipment and Vehicles – Without Operators for a twenty four (24) month period with the availability for the provision of rise and fall after each twelve (12) month period be awarded as follows:

North Sheridan Pty Ltd Trading As Tutt Bryant Hire

 Access Equipment  Air Compressors  Air Hammers & Accessories  Compaction Equipment  Demolition Hammer  Demolition Saws  Earthmoving & Digging Equipment  Generators  Rollers  Tractors  Water Pumps and Hoses  Rotary Hammer Drill  High Pressure Washers  Landscaping  Lighting Towers  Site Management  Site Accommodation 7 Day Hire  Miscellaneous

TFH Hire Pty Ltd

 Temporary fencing

Vehicles be awarded in the following panel order

 Addison (NQ) Pty Ltd Trading As Meteor Car & Truck Rentals  NQ Car & Truck Rental  Mackay Car and Truck Rentals

MIN/11.12.2013 FOLIO 31100 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

 STL Holdings Pty Ltd Trading As Sargent Rental and Maintenance

Officer's Recommendation

THAT Council award tender MRC 2014-019 Preferred Supplier Arrangements - Supply and Delivery for Hire of Plant, Equipment and Vehicles – Without Operators for a twenty four (24) month period with the availability for the provision of rise and fall after each twelve (12) month period to.

 North Sheridan Pty Ltd Trading As Tutt Bryant Hire  TFH Hire Pty Ltd  Addison (NQ) Pty Ltd Trading As Meteor Car & Truck Rentals  NQ Car & Truck Rental  Mackay Car and Truck Rentals  STL Holdings Pty Ltd Trading As Sargent Rental and Maintenance

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Walker Seconded Cr Jones

CARRIED

11.6 MRC 2013-088 DESIGN & CONSTRUCTION - MARIAN WATER TREATMENT PLANT

File No MRC 2013-088 Design and Construction of Marian Water Treatment Plant Author Manager Infrastructure Delivery

Purpose

To present to Council for approval, a recommendation to award MRC 2013-088 the Design and Construction (D&C) of the Marian Water Treatment Plant (MWTP).

Background/Discussion

With continued growth experienced in the Pioneer Valley and the current reliance on limited bore water allocation it has been decided to construct a new water treatment plant at Marian to service the townships of Mirani and Marian. The new Marian Water Treatment Plant (MWTP) will source water from the Pioneer River and when constructed will replace the current limited bore water supply. The bores will be maintained for emergency supply only. The design of the plant, when operational, will provide a robust, conservatively designed water treatment plant utilising low risk and established conventional treatment processes to deliver a clean fluoridated water supply to a standard equivalent to that produced by the Nebo Road Water Treatment Plant. The new facilities will have a design capacity of 4 megalitres per day of treated water and will have a design life extending to 2031 based on current growth predictions.

MIN/11.12.2013 FOLIO 31101 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

To accommodate the new MWTP approximately 4 hectares of land has been purchased from Mackay Sugar.

The Design and Construction (D&C) Contract for the MWTP excludes construction of the raw water intake and installation of the raw water pipeline to the MWTP and the clearwater pipeline from the MWTP to the Marian Reservoir. The construction of this infrastructure is currently underway through a separate contract with anticipated completion in early 2014.

Council resolved on 10 October 2012, THAT Council approve that Expressions of Interest are called for Design and Construction of the Marian Water Treatment Plant as per Section 177 (3) of the Local Government (Finance, Plans and Reporting) Regulation 2010.

Request for Expressions of Interest (EOI) to pre-qualify tenderers for the Design and Construction of the MWTP were advertised on 20 October 2012. Following an evaluation process, Council, at its ordinary meeting of 13 March 2013, resolved that the shortlist of contractors to be invited to tender for the Design and Construction of Marian Water Treatment Plant were:

 McConnell Dowell Constructors (Aust) Pty Ltd  Aquatec Maxcon Pty Ltd  Monadelphous Engineering Pty Ltd  Trility Pty Ltd

The shortlisted contractors were invited on 1 May 2013 via Council’s website, to submit a tender in accordance with the Request for Tender (RFT) which included Councils Principal’s Project Requirements (PPR) which set out the works required to be carried out by the successful Tenderer.

An extension to the closing time for tenders was granted to 6 August 2013 following requests by several tenderers and to align with the Queensland Government's timing requirement to have a “shovel ready” project under its Royalties to the Regions Scheme early in 2014 as a funding submission for this project had been made.

Submissions were subsequently received from the following tenderers by the closing date:

 McConnell Dowell Constructors (Aust) Pty Ltd  Aquatec Maxcon Pty Ltd  Trility Pty Ltd

During the tender period, Monadelphous Engineering Pty Ltd withdrew their opportunity to develop a tender submission.

Tender Evaluation and Assessment The Tender Evaluation Panel consisted of the following persons to manage the tender evaluation and award process:

 Senior Engineer – Infrastructure Delivery  Project Manager – Infrastructure Delivery  Process Engineer – Technical Advisor – City Water Technology  Contracts Coordinator – Procurement and Plant

MIN/11.12.2013 FOLIO 31102 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

An initial compliance check was conducted by the Evaluation Panel on 13 August 2013 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information.

Tenderers had the capacity to offer alternate options, with all tenderers choosing to do so. The lowest tender was Aquatec Maxcon Pty Ltd with the details showing their original tendered Lump Sum Fixed Prices for both conforming and alternate offers, excluding GST:

TENDERER CONFORMING OFFER ALTERNATE OFFER

Aquatec Maxcon Pty Ltd $8,256,979.00 $7,399,370.90

All tenders were assessed by each member of the Evaluation Panel in accordance with the approved Tender Evaluation Plan developed for the Project. This Plan contained a number of qualitative criteria. The criteria are summarised below together with their specific weightings:

a) Value for Money (Capital Cost, NPV & Value) 60% b) Demonstrated Understanding and Methodology 15% c) Resources and Relationships 15% d) Local Content 10%

Due to the complexity of this tender, the Qualitative Criteria Assessment was carried out by the Evaluation Panel over a number of meetings with the Evaluation Panel scoring the tenders according to the Evaluation Matrix.

Six Tender Information Requests (TIR’s) were issued during the evaluation period seeking clarification and further information and to address non-conformances against the technical and commercial conditions of the Tender Documents. Tenderers were requested to either withdraw their non-conformances or include pricing to achieve conformance with the requirements of the Tender documents. All tenderers responded and the evaluation process proceeded to the detail assessment stage. A further five TIR’s were issued to Aquatec Maxcon during the final assessment period and these were satisfactorily resolved.

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. This process effectively eliminated the offers from McConnell Dowell Constructors and Trility and it was decided not to consider these further.

Following assessment of the tenders, Aquatec Maxcon was asked to present their offer to the Evaluation Panel and senior management on 7 November 2013. This forum also provided the opportunity to meet key personnel who will be involved with the Project and for MRC to ask a variety of questions on technical processes, plant and equipment selection and the management of design and construction., All questions were answered satisfactorily and the overall presentation impressed the Panel with Aquatec Maxcon demonstrating a detailed understanding of water treatment plant design and installation.

MIN/11.12.2013 FOLIO 31103 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Subsequent to the presentation, the remaining Technical Departures were finalised following discussions with MRC’s Operations Personnel and final decisions taken on types of plant, equipment and instrumentation. At this stage it was decided the Alternative Offer from Aquatec Maxcon provided the best value with cost savings and technical advantages over the conforming offer.

A number of commercial matters were negotiated with Aquatec Maxcon with the assistance of MRC’s legal consultant and some minor re-drafting of the Conditions of Contract will be required.

The tendered Lump Sum Price from Aquatec Maxcon after incorporation of additions and deductions arising from technical clarifications and agreement on alternative equipment and processes excluding GST is:

 Aquatec Maxcon $8,169,970

The offer from Aquatec Maxcon is fully conforming and meets all the requirements of the PPR in terms of quality, robustness and suitability for a tropical climate. Aquatec Maxcon have also demonstrated that they have the experience in the design and construction of similar projects and have the necessary experienced personal to undertake the MWTP. Aquatec Maxcon has teamed with Cardno Engineering who will undertake design and quality management for the Project. The nominated design Manager from Cardno has over 30 years' experience in water projects and will lead a strong team in the design of this Project.

Consultation and Communication

Project delivery has been managed by a Control Group that is made up of the following people:

 Manager Infrastructure Delivery – Water Services  Manager Planning & Sustainability – Water Services  Senior Engineer – Infrastructure Delivery  Project Manager – Infrastructure Delivery

External advice was also provided by McCullough Robertson Lawyers on matters relating to the Tender and Contract Commercial Conditions and City Water Technology Pty Ltd on technical specifications. Water Services Manager Treatment and staff were also requested to comment and input on specific issues based upon their experience with MRC’s other treatment plants. Other Council resources were consulted where it was deemed necessary including:

 Director Engineering and Commercial Infrastructure  Chief Operating Officer, Water and Waste Services  Manager Procurement and Plant  Corporate Communications & Marketing

Relevant government and private organisations have been engaged through the course of the project including Mackay Sugar, SunWater and Department of Environment & Heritage Protection (formerly DERM). Various Briefing sessions have been held with Councillors to keep them informed on the progress of the Project. There has been an approved Community Engagement Plan through the Community Engagement Working Group. Additionally, as part of the Material Change of Use Assessment, the application went through Public Notification.

MIN/11.12.2013 FOLIO 31104 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Resource Implications

The funding for the works is contained in the WWS 2013/2014 Capital Budget – Marian Water Treatment Plant. The works will be undertaken over two financial years; Design, Procurement and early on Site works in 2013/2014 and the bulk of construction work in 2014/2015.

The revised tender submitted by Aquatec Maxcon for the MWTP is in line with budget forecasts as the contract works extends into the 2014/2015 Financial Year (FY). Funds shall be allocated in 2014/2015 FY as needed to address the expected expenditure.

The current Budget for 2013/2014 is $5,500,000; however, this will require an amendment to reflect the anticipated spend for 2013/2014 of $2,100,000 based on the delayed timing of the award and tender cash flow.

The Project Budget is as follows:

Description Amount Notes Expenditure 2013/2014 $69,562 Actuals for 2013/2014 YTD Contract Price $8,169,970 Aquatec Maxcon Contract Price Provisions $817,000 Approx. 10% of Contract Price MRC Internal Costs $444,049 Estimate of internal costs Estimated Cost of Project $9,500,581

BUDGET Current Budget for 2013/2014 $5,500,000 Noted that due to delayed award that the full $5.5M will not be expended. As a result loan funding will not be drawn down. Budget for 2014/2015 $2,100,00* As per LTFF Water Reserve $933,000* Unspent project funds returned to water reserve in 2012/2013. This will need to be drawn down in 2014/15. Water Reserve $967,581* Additional reserve funding needed for project in 2014/2015

BUDGET TOTAL $9,500,581

* If subsidy funding from the Royalties to Region program is approved then funds will not be required.

The Project has been granted funding under the State Government Fluoridation Capital Assistance Program. MRC will be able claim full cost recovery that is currently estimated at $180,000 on a reimbursable basis under this Scheme based on the cost to supply and install fluoride dosing facilities. MRC has also been invited to submit a business case under the Queensland Government's Royalties for the Regions Program. If MRC’s application is successful up to $6,445,400 in Government funding will be available for the Project and will reduce councils need to borrow funds for the project.

MIN/11.12.2013 FOLIO 31105 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

The forecast budget for 2014/2015 will be reviewed as part of updating the Long Term Financial Forecast and the 2014/15 budget approval process. The end position will largely depend on the success of the funding application currently being assessed by the State Government. The budget will be adjusted to reflect the current tender pricing and funding sources.

Risk Management Implications

The contract for the Marian WTP will provide a new water supply for the townships of Marian and Mirani which currently rely on bore water. The bores are currently over allocated and this will become worse over time as population in the area is forecast to increase. The total available bore supply is 195ML. We currently purchase a temporary allocation of an additional 165ML of bore water each year from a third party to allow us to meet existing demands. There are also quality issues with the current bore water supply which the new MWTP will alleviate.

The award of the contract for the MWTP in December 2013 will initiate commencement of design and procurement during the first quarter of 2014 and allow construction to be carried out during the drier months of 2014

Conclusion

That awarding the contract to Aquatec Maxcon 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, their experience, capacity and resources to provide the services to the specified quantity and quality as specified in the PPR documents.

Officer's Recommendation

THAT the lump sum price submitted by Aquatec Maxcon Pty Ltd of $8,169,970 (excluding GST) be accepted for the provision of MRC 2013-088 Design and Construction of Marian Water Treatment Plant.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonaventura Seconded Cr Bonanno

CARRIED

MIN/11.12.2013 FOLIO 31106 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

11.7 MRC 2014-025 INSTALLATION OF DISTRICT METERED AREA FLOW METERS AND ASSOCIATED PIPE WORK

File No MRC 2014-025 Installation of District Metered Area Flow Meters and Associated Pipe Works Author Manager – Infrastructure Delivery

Purpose

To present to Council for approval, tenders submitted for MRC 2014-025 Installation of District Metered Area Flow Meters and Associated Pipe Works.

Background/Discussion

As the Mackay region grows, reducing water loss is a major component in managing the future water source needs of the City and in deferring future capital infrastructure investment in treatment and distribution capacity augmentations. With limited data available on bulk water movements within the water network, a better understanding of the network supply conditions is required to improve overall network appreciation and input into the hydraulic model. Furthermore, this better understanding of water movements in the network will allow:

 Areas of high pressure to be identified, to ascertain pressure reduction zones to reduce water lost through leaks  Early identification of leaks within the network, which will in turn reduce repair response times  System wide water consumption trends to be established

Phase 1 of the District Metered Area (DMA) Project identified five DMAs which were implemented during 2012/2013. The Phase 1 DMAs were chosen as they represent areas at the periphery of the existing water supply network with single feed supplies and no requirement for boundary valves.

Phase 2 focuses on locations that do not require extensive network modifications or changes to network operation to establish the DMAs. Eight DMAs have been identified in the Mackay City area for implementation in Phase 2, and one in Walkerston.

Council therefore issued a Request for Tender (RFT) inviting submissions from suitably experienced and resourced contractors for the supply of materials, equipment, and services to install the pipework, flow meters and pits required for the implementation of the Phase 2 DMAs at the following locations:

 DMA 1 – Eimeo  DMA 2 – Blacks Beach  DMA 3 – Beaconsfield  DMA 4 – Andergrove North  DMA 5 – Andergrove South  DMA 6 – East  DMA 7 – North Mackay West

MIN/11.12.2013 FOLIO 31107 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

 DMA 8 – Mount Pleasant  DMA 9 - Walkerston

Tenders were invited on 12 October 2013, via Council's website and advertised locally in the Daily Mercury.

The following submissions were received by the closing time of 10.00am on 7 November 2013:

a) Barlow’s Piping Solutions Pty Ltd Gladstone b) Doval Constructions (QLD) Pty Ltd Sumner Park c) G & MA Lemura Pty Ltd Mackay d) Grand Civil Pty Ltd Urraween e) Roebuck Civil Pty Ltd Cannonvale f) Seaforth Civil Pty Ltd Mackay

A technical review of the submissions was conducted by the Infrastructure Delivery team on 12 November 2013 and a compliance check was conducted on 20 November 2013 to identify submissions that were non-conforming with the immediate 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 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 criteria was:

a) Relevant Experience 30% b) Key personnel skills and experience 25% c) Tenderers' Resources 15% d) Demonstrated Understanding 20% e) Local Content 10%

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

a) Doval Constructions (QLD) Pty Ltd $389,934.00 b) Roebuck Civil Pty Ltd $395,788.20 c) Grand Civil Pty Ltd $555,241.00 d) Seaforth Civil Pty Ltd $572,831.00 e) G & MA Lemura Pty Ltd $605,084.50 f) Barlow’s Piping Solutions Pty Ltd $632,966.96

The Qualitative Criteria Assessment was carried out by the Evaluation Panel on 21 November 2013, 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.

Tender Information Requests (TIR’s) were issued as follows:

a) Barlow’s Piping Solutions Pty Ltd confirming pricing inclusions

MIN/11.12.2013 FOLIO 31108 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

b) Doval Constructions (Qld) Pty Ltd confirming available resources c) Roebuck Civil Pty Ltd to confirm details pertaining to their equipment offered

The responses were received within the relevant time frame and reviewed by the Evaluation Panel.

Roebuck Civil Pty Ltd is a well-established company based in Cannonvale, who have completed various commercial projects throughout the Mackay Region. Their previous experience and demonstrated understanding was well documented in their tender submission.

Doval Construction (Qld) Pty Ltd provided details pertaining to their previous experience in civil construction, primarily road based works, with some smaller sewer work projects nominated. The Evaluation Panel considered that they did not demonstrate sufficient experience in working with municipal pipework or water mains.

Roebuck Civil Pty Ltd has significant commercial experience in a vast range of water and sewerage infrastructure projects, demonstrate an understanding of Council’s requirements and provide value for money to Council.

The evaluation of the tenders was conducted by:

 Project Engineer - Infrastructure Delivery  Senior Engineer - Infrastructure Delivery  Project Manager - Infrastructure Delivery  Contracts Officer - Procurement and Plant

Consultation and Communication

Consultation was conducted within Water Services with the Scope of Works and location of flow meter pits being developed with Planning & Sustainablity and Network Operations staff. Procurement and Plant were engaged in the process of preparing and issuing the Request for Tender.

Public Notices will be prepared for placement in the media in advance of the proposed works. The contents of such notices will also be available on the MRC website. Customer Services will be advised in advance of the impending communications. This process of communication with residents that may be impacted by the proposed works is further facilitated by a letterbox drop and door-knock by the Contractor with 48 hours advance notice.

The communication initiatives identified above are in keeping with the project Community Engagement Plan and relevant regulatory requirements.

Resource Implications

The funding for these works is in the WWS Water Capital Budget 2013/2014 - INW-Leak Detection and Demand Management. The tender prices received are within the 201320/14 capital budget of $682,000.

Description Amount Notes 60170 - INW-Leak Detection and Demand Management

MIN/11.12.2013 FOLIO 31109 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Description Amount Notes Expenditure to Date $184,963 Up to 31/10/2013 (Including Committals)

Contract Price $395,788.20 Roebuck Civil Pty Ltd Provisions $60,000 Approx. 15% of Contract Price Project Management $40,000 Estimate on Internal Costs Estimated Cost of Project $680,751.20

BUDGET Budget for 2013/2014 $682,000 13/14 budget allocation

BALANCE $1,248.80

Risk Management Implications

As the Mackay region grows, reducing water loss is a major component in managing the future water source needs of the City and in deferring future capital infrastructure investment in treatment and distribution capacity augmentations. With limited data available on bulk water movements within the water network, a better understanding of the network supply conditions is required to:

 Improve overall network appreciation and input into the hydraulic model which will allow more accurate assessment of system characteristics and performance  Identify areas of high pressure, to ascertain pressure reduction zones to reduce water lost through leaks  Allow early identification of leaks within the network, which will in turn reduce repair response times;  Establish system wide water consumption trends

The DMAs represent the first step in determining where the best value can be gained from water loss reduction strategies.

Conclusion

That awarding the contract to Roebuck Civil Pty Ltd represents the most advantageous outcome to Mackay Regional Council based on their demonstrated understanding of Council’s requirements, their experience, capacity and resources to provide the works to the specified quantity and quality as specified in the RFT.

Officer's Recommendation

THAT Council award tender MRC 2014-025 Installation of District Metered Area Flow Meters and Associated Pipe Works to Roebuck Civil Pty Ltd for the lump sum price of $395,788.20 (Excl GST).

MIN/11.12.2013 FOLIO 31110 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonaventura Seconded Cr Perkins

CARRIED

11.8 EXPRESSION OF INTEREST - WAYFINDING / ADVERTISING TECHNOLOGY

File No MRC 2014-044, Expressions of Interest - Wayfinding/Advertising Technology Author Assistant Director Development Services

Purpose

To present to Council a report demonstrating the benefit of calling Expressions of Interest for the supply of wayfinding/advertising technology, as per section 228 (3) of the Local Government Regulation 2012.

Background/Discussion

The $18.5 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 Street’s along with the historic Pioneer Shire Council Building and adjoining parkland. High quality pavements, interactive signage, new street lighting, street furniture, trees and greenery, and a new public space to complement the heritage listed Pioneer Shire Council Building are planned.

As part of the CBD Revitalisation Project, but possibly also for other locations throughout the area, there is an opportunity to source wayfinding/advertising technology which could creation of a more vibrant, innovative and interactive city centre. Such a product could include interactive, multi-media stations delivering digital directories together with marketing material, customer information and advertising content, via a variety of graphics including full-motion high resolution video. They could provide an excellent marketing and promotion tool, as well as directory service. There could also be the possibility of internet/WiFi connectivity.

Ultimately a licence or similar arrangement will be required to cover the public location of individual units.

On advice from Council’s Manager Procurement and Plant, and Senior Legal Counsel, a public procurement process needs to be undertaken. The Expression of Interest (EOI) mechanism, as prescribed under the Local Government Regulation 2012, provides Council with the opportunity to seek general proposals given a possible broad spectrum of options. It will also be

MIN/11.12.2013 FOLIO 31111 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

important to ensure robustness of the product, commercial viability and support back-up from the supplier.

Following the shortlisting of the respondents to the EOI, tenders will be invited from those respondents. This process allows an initial evaluation at the EOI level, to be explored in more detail with the shortlisted respondents.

Consultation and Communication

 Director Development Services;  Executive Officer S&C;  Manager Procurement & Plant;  Senior Legal Counsel; and  Acting Manager Economic Development.

Resource Implications

Dependant on proposals there is the possibility that any resultant arrangement could be financially positive for Council.

Risk Management Implications

The issuing of the Expression of Interest will assist Council in ensuring only those contractors who have the experience and capacity to perform the works will be shortlisted. The EOI documentation will stipulate compliance criteria in relation to financial capacity, insurances, etc.

Conclusion

This project appears to offer a unique opportunity for Council to introduce cutting edge technology that will enhance its upcoming revitalisation work in the city centre and highlight Mackay Region as an innovator.

This technology could provide further opportunity to promote services and improve general engagement with the community for both Council and Mackay Tourism Limited - under the right circumstances.

The calling of Expressions of Interest would benefit the Mackay Regional Council by enabling Council to seek general proposals given a possible broad spectrum of options, and shortlist respondents based upon their relevant experience and capabilities to assist in successful delivery.

Following the EOI process, shortlisted respondents will be invited to submit tenders.

Officer's Recommendation

THAT Expressions of Interest are called for the provision of Wayfinding/Advertising Technology, as per section 228 (3) of the Local Government Regulation 2012.

MIN/11.12.2013 FOLIO 31112 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonanno Seconded Cr Steindl

CARRIED

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil

13. LATE BUSINESS:

13.1 LEAVE OF ABSENCE - CR MORGAN

THAT Cr Morgan be granted leave of absence for the Meetings on 19 and 26 February 2013.

Moved Cr Bonaventura Seconded Cr Jones

CARRIED

13.2 MAYOR'S CHRISTMAS WISHES

Mayor Deirdre Comerford thanked Councillors for their efforts during a challenging, productive year. She also applauded the professional conduct of the CEO, Directors, Managers and staff and passed on her best wishes for the Christmas -New Year break.

13.3 COUNCILLOR ATTENDANCE AT EVENTS

Cr Alison Jones attended the Haiyan Helping Hands Family Concert on Sunday 8 December 2013 on behalf of the Mayor and advised they raised $3,000 towards helping those affected by Haiyan. The organisers of the event wished to thank Council for their support and Council's staff who through their free dress day raised $800.

Cr David Perkins congratulated Council and the sponsors of the Carols in the City event held recently.

13.4 CHRISTMAS/NEW YEAR EVENTS

Cr Chris Bonanno reminded everyone of the New Year celebrates which will take place at the MECC and on the river and that ice skating was returning to the MECC this year. For further

MIN/11.12.2013 FOLIO 31113 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

information in relation to these events and others please visit the Mackay Regional Council website - http://www.mackay.qld.gov.au/

14. PUBLIC PARTICIPATION:

Ms Margaret Campbell of Campwin Beach spoke to Item 8.13 on today's Agenda and asked Council to consider the option of fenced off leash dog parks.

Mr Charlie Camilleri of Peatey Street, Andergrove asked Council to consider what rezoning does to property values in Mackay. Mr Camilleri advised he had made six (6) submissions in relation to the Draft Planning Scheme. The Director of Development Services advised each submission to the Draft Planning Scheme was being reviewed and Council would be briefed on the submissions and in some cases the submitters would be ask to meet with Council to discussion their submission further.

15. CONFIDENTIAL REPORTS:

15.1 CONNORS ROAD: CRICHTONS ROAD TO COOKS LANE RESUMPTION OBJECTION

Confidential

Council Recommendation

THAT Council notes that agreement was reached with the Owners of Lot 201 on SP252776 known as 235-261 Connors Road, Page for the area of 2200m2.

AND THAT Council notes that no objection was received from the Owners of Lot 1 on RP735656 known as 263-287 Connors Road Paget, Lot 1 on RP746421 known as 289- 311 Connors Road Paget, Lot 2 on RP746421 known as 313-341 Connors Road Paget and Lot 5 on SP117780 known as 361-367 Connors Road Paget.

AND THAT an application be submitted to the Minister of the Department of Natural Resources & Mines for the gazettal of the following parcels of land as identified on Council’s Connors Road Crichtons Road to Cooks Lane Proposed Road Opening Drawings A3-07037 to A3-07041:-

 Lot 1 on RP735656 for an area of 2684m2 known as 263-287 Connors Road Paget  Lot 1 on RP746421 for an area of 2649m2 known as 289-311 Connors Road Paget  Lot 2 on RP746421 for an area of 3038m2 known as 313 Connors Road Paget  Lot 5 on SP117780 for an area of 750m2 known as 371 Connors Road Paget

Moved Cr Steindl Seconded Cr Perkins

CARRIED

MIN/11.12.2013 FOLIO 31114 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

15.2 MILTON STREET DRAINAGE RESUMPTION OBJECTION: LOT 2 ON SP239835

Confidential

Council Recommendation

THAT Council notes the objections received and that they have been properly addressed for resumption of the area of 3.5156 hectares from Lot 2 on SP239835 known as Lot 2 Milton Street, Paget for drainage purposes.

FURTHER THAT a Gazettal Application be made to the Minister for Natural Resources and Mines for gazettal of the area of 3.5156 hectares from Lot 2 on SP239835 known as Lot 2 Milton Street, Paget for drainage purposes.

Moved Cr Steindl Seconded Cr Bonanno

CARRIED

15.3 STOCKROUTE ROAD CONNECTOR BRUCE HIGHWAY TO CONNORS ROAD RESUMPTION OBJECTION REPORT

Confidential

Council Recommendation

THAT Council notes that agreement was reached with the Owners of Lot 15 on SP234301 known as 1 Merchant Street, Paget for an area of 260m2.

AND THAT Council notes that no objection was received from the Owners of Lot 19 on SP234301 and Lot 6 on SP218560 known as 1-5 Bruce Highway, Bakers Creek for areas of 11820m2 and 17017m2 respectively.

AND THAT an application be submitted to the Minister of the Department of Natural Resources & Mines for the gazettal of an area of approximately 11820m2 from Lot 19 on SP234301 and for an area of approximately 17017m2 from Lot 6 on SP218560 known as 1-5 Bruce Highway, Bakers Creek as shown on Drawings A1-25860 and A1-26852.

Moved Cr Bonanno Seconded Cr Bonaventura

CARRIED

MIN/11.12.2013 FOLIO 31115 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

15.4 HARRIS ESTATE BALBERRA DRAINAGE WORKS OBJECTION

Confidential

Council Recommendation

THAT Council notes that no objections were received from the property owners following service of the Notice of Intention to Resume.

FURTHER THAT a Gazettal Application be made to the Minister for Natural Resources and Mines for gazettal of an approximate area of 6870m2 from Lot 2 on RP733659 known as 56 Baronga Drive, Balberra and for an approximate area of 500m2 from Lot 1 on RP728544 known as 2 Mimosa Drive, Balberra for drainage purposes.

Moved Cr Steindl Seconded Cr Walker

CARRIED

15.5 MARIAN TOWN CENTRE DEVELOPMENT - CONSTRUCTION COSTS

Confidential

Council Recommendation

THAT Council support the cost sharing arrangement as detailed below:

1. Council & Marian Town Centre enter into an agreement for the construction of the main intersection / western road. 2. Marian Town Centre construct and pay the full cost of the road upfront, some $500,000-$700,000 (approx). 3. The transport component of the headworks previously paid be contributed to the road cost by way of rebate from council $181,254.00 from the retail site and $39,396.00 from the residential site. Total credit $220,650.00. 4. Adopted Infrastructure Charges from future Material Change of Use applications be offset from Council 30% and the credit of $220,650.00.

Moved Cr Perkins Seconded Cr Bonanno

CARRIED

MIN/11.12.2013 FOLIO 31116 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

15.6 DRAFT AUDIT ADVISORY COMMITTEE MINUTES - 21 NOVEMBER 2013

Confidential

Council Recommendation

THAT the attached draft Audit Advisory Committee Minutes be received.

Moved Cr Walker Seconded Cr Perkins

CARRIED

16. MEETING CLOSURE

The meeting closed at 10.54 am.

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 18.11.13 TO 24.11.13

For Council Information Only - No Decision Required.

Development Applications Received

App no Code / Address Applicant Description Officer Impact CON- 2 Sichter Street, Liam C Wright Change Plan of Development - Andrea 2012-10 SARINA Building Work - Boundary Setback McPherson for House CON- 18 Seagull Street, Chris E Van Building Work - Boundary Setback Darryl Bibay 2013-272 SLADE POINT Moolenbroek and Oversized Residential Storage Shed CON- 12 Danastas Avenue, Altec The Building Works - Boundary Setback Helle 2013-274 EIMEO Spacemakers for Carport Jorgensen Smith MCUC- Code 247 Anzac Avenue, Tipalea Property Request for Permissible Change - Kathryn 2012-74 MARIAN Fund No 11 Pty Ltd Change of Conditions - Community Goodman Facility (Child Care Centre) MCUC- Code 6 Symons Street, Charles Brown Pty Multiple Dwelling Units (5) Helle 2013-401 SOUTH MACKAY Ltd Jorgensen Smith MCUC- Code 24 Amstead Street, Whitsunday Design Dwelling House (Steep Land Andrea 2013-403 EIMEO & Drafting Overlay & Front Boundary McPherson Relaxation) MCUC- Code 1/23872 Peak Downs Phillip J Morris and Residential Storage Shed >85m2 Andrea 2013-404 Highway, ETON Jo-Anne M Morris McPherson MCUC- Code 83 Dawson Boulevard, Murphy Homes Dual Occupancy Matthew 2013-405 RURAL VIEW QLD Pty Ltd Ingram MCUC- Code 27 Paradise Street, Sandsky Material Change of Use - Multiple Brogan Jones 2013-406 SOUTH MACKAY Developments Dwelling Units (4) ROLC- Code 101 Wallmans Road, Denar Pty Ltd Reconfiguration of a Lot (boundary Brogan Jones 2013-397 RURAL VIEW realignment) - 2 Rural Lots into 2 Lots

MIN/11.12.2013 FOLIO 31117 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

App no Code / Address Applicant Description Officer Impact ROLC- Code L 1 Devereux Creek Courtney M Reconfiguration of a Lot - Access Brogan Jones 2013-398 Road, DEVEREUX Kilsdonk Easement CREEK ROLC- Code L 2 Farleigh-Dumbleton David M Watts and Boundary Realignment 2 Rural Lots Darryl Bibay 2013-399 Road, DUMBLETON Valerie R Watts into 2 Lots & Access Easement ROLC- Code 18 Olivers Road, David Lowe Boundary Realignment 2 Rural Lots Leah Harris 2013-402 FINCH HATTON into 2 Lots ROLC- Code 35 McMahon Street, Yvonne J Fordham 1 Rural Lot into 3 Lots Andrea 2013-407 ANDERGROVE McPherson ROLC- Code 12 Victoria Plains Road, Peter A Ritchie Boundary Realignment 2 Rural Lots Kathryn 2013-408 VICTORIA PLAINS into 2 Lots Goodman

Development Applications Entering Decision Making Period

App Code / Address Applicant Description Officer Number Impact CA- 0 Melba Street Robert Dunn and Request to Extend Relevant Period AND Josephine 2008- ARMSTRONG Marcia R Dunn and Change Conditions of Development Approval - McCann 258A BEACH Albin R Material Change of Use (Prelim Approval to Woolcockand override Planning Scheme) to allow others development as if within the Village Zone AND Reconfguration of 2 Lot (Development Permit) to create 65 VIllage Lots and 1 Parkland Lot.

CAC- Code 323 Bridge Road Mackay Shopping Request to Change Development Approval - Matthew 2011- WEST MACKAY Centre Pty Ltd Health Care Centre and Boundary Realignment - Ingram 151A 3 Lots into 3 Lots

MCUC- Code 3 Sunset Drive Michele Y Residential Storage Shed Exceeding 85m2 on a Josephine 2013- ERAKALA Thornton and Rural Residential Lot. McCann 388 Neale S Thornton ROLC- Code 107 Barrow Hill Yolande Steel Reconfiguration of a Lot (boundary realignment) Brogan 2013- Road HABANA - 2 Rural Lots into 2 Lots Jones 396

Development Applications Finalised

App No Code / Location Applicant Description Officer Impact Approved Subject to Conditions

CA-IDAS- 17 Pugsley Greenmount Material Change of Use AND a Darryl 2008/152 StreetWALKERSTON Property Reconfiguration of 1 lot to create 10 Bibay QLD 4751 Developments residential lots from 1 Rural Residential Pty Ltd Lot

CON- 10 Anastasia Escape Homes Building Work - Boundary Setback for Matthew ASPA- StreetWEST MACKAY & Dwelling House Ingram 2013/263 QLD 4740 Developments Pty Ltd CON- 9 Jostine GMA Building Work - Boundary Setback for Darryl ASPA- StreetWALKERSTON Certification Carport Bibay 2013/266 QLD 4751 Group Pty Ltd - Port Douglas CON- 9 Bjelke CircuitRURAL Development Building Work - Boundary Setback for Helle ASPA- VIEW QLD 4740 Planning & Residential Storage Shed Jorgensen 2013/267 Approvals Smith CON- 8 Blackmur GMA Building Work - Boundary Setback for Kathryn ASPA- StreetMARIAN QLD Certification Carport Goodman 2013/268 4753 Group Pty Ltd - Port Douglas CON- 23 Firefly GMA Building Work - Boundary Setback for Andrea ASPA- CrescentOORALEA Certification Carport and Awning McPherson 2013/269 QLD 4740 Group Pty Ltd - Port Douglas CON- 24 Geoffrey Nolan Spanline Home Building Work - Side Boundary Setback Josephine ASPA- DriveANDERGROVE Additions Variation for Patio McCann

MIN/11.12.2013 FOLIO 31118 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

App No Code / Location Applicant Description Officer Impact 2013/270 QLD 4740 Mackay

CON- 16 Dexter Christopher L Building Work - Dwelling House Josephine ASPA- CourtMOUNT Richards and (Exceeding 50% Site Coverage) AND McCann 2013/271 PLEASANT QLD 4740 Sally A Side Setback Variation. Richards MCUC- Code 11-27 Archibald Mackay Material Change of Use - Warehouse, Brogan ASPA- StreetPAGET QLD Haulage Bulk Store, and Expansion of Transport Jones 2013/299 4740 Company Depot MCUC- Code 73 Wood Harphil Pty Ltd Commercial Premises (Extension of Helle ASPA- StreetMACKAY QLD Existing Building) Jorgensen 2013/314 4740 Smith MCUC- Code 6 Strang StreetNORTH Maymar Pty Ltd Dwelling House (Flood & Inundation) & Darryl ASPA- MACKAY QLD 4740 Building Work - Boundary Setback for Bibay 2013/361 Garage MCUC- Code 88 Scott StreetSOUTH George C Dwelling House (Aviation Facilities Josephine ASPA- MACKAY QLD 4740 Thompson Buffer). McCann 2013/363 MCUC- Code L 82 Carranya The Shed Material Change of Use - Residential Brogan ASPA- RoadHABANA QLD Company Storage Shed (Steep Land Overlay) Jones 2013/390 4740 Mackay MCUCD- Code 49-71 Rosewood Plantation Request to Change Development Julie Brook IDAS- DriveRURAL VIEW Palms Approval - Material Change of Use - 2005/199C QLD 4740 Properties Pty Preliminary Approval for Locality Ltd Concepty Plan No. 3 AND Material Change of Use - Preliminary Approval for Site Development Plan (Residential Subdivision) AND Reconfiguration of a Lot - Creation of 292 Urban Residential Lots plus 2 Parkland Lots plus a Community Facilities Lot in compliance with the provisions of the Eulbertie Park Plan of Development as approved by Council (MCI-2000-30) issued 17 December, 2003 - Plantation Palms Estate Stage 2 MCUCD- Code 329 Bridge RoadWEST Mackay Request for plans to be considered Matthew IDAS- MACKAY QLD 4740 Shopping Generally in Accordance - Material Ingram 2005/28I Centre Pty Ltd Change of Use - Shopping Centre MCUCD- Code 30 Byron Blackwater Request For a Permissible Change - 8 Julie Brook IDAS- StreetMACKAY QLD Venture Pty Ltd Multiple Dwelling Units in the Flood & 2009/113A 4740 Inundation Overlay ROLC- Code L 1 Mackay-Habana Sugarview Reconfiguration of a Lot (boundary Brogan ASPA- RoadRICHMOND QLD Developments realignment) - 1 Rural Lot & 1 Urban Jones 2013/394 4740 Pty Ltd Expansion Lot into 2 Lots (within Sugarview Estate Stage 4) ROLC- Code 12 Petersen Oliver J 1 High Density Lot into 2 Lots Julie Brook ASPA- StreetNORTH Simelhay 2013/88 MACKAY QLD 4740 Consent Order Issued

MCUC- Code 42 Len Shield Premier Transport Depot (Bus Depot) Brogan ASPA- StreetPAGET QLD Illawarra Pty Ltd Jones 2012/157 4740 Application Withdrawn

ROLC- Code 954 Mirani-Mount Ossa Alfred K Mackay 1 Rural (Mirani) Lot into 2 Lots Matthew ASPA- RoadDOWS CREEK and Kym M Ingram 2013/285 QLD 4754 Mackay

Confirmed on Wednesday 29 January 2014

………………………………………

MAYOR

MIN/11.12.2013 FOLIO 31119 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

APPENDIX / ATTACHMENTS

MIN/11.12.2013 FOLIO 31120 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31121 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31122 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31123 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31124 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31125 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31126 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31127 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31128 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31129 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31130 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31131 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31132 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31133 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31134 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31135 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31136 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31137 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31138 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31139 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31140 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013

MIN/11.12.2013 FOLIO 31141