Ordinary Meeting Minutes

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FINAL MINUTES

9 July 2008

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FINAL MINUTES WEDNESDAY 9 JULY 2008

Folio Date Particulars

656 09.07.08 Ordinary Meeting

Declaration of Material Personal Interest

Nil

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ORDINARY MEETING MINUTES

1. ATTENDANCE:

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

The meeting commenced at 10:00am.

2. APOLOGIES:

Nil.

3. CONDOLENCES:

Condolences were expressed at the passing of Heath Baggow, former employee of Sarina Shire Council.

4. CONFIRMATION OF MINUTES:

4.1 ORDINARY MEETING MINUTES - 2 JULY 2008

THAT the Minutes of the Ordinary Meeting held on 2 July 2008 be confirmed.

Moved Cr Comerford Seconded Cr Cameron

CARRIED 11/0 5. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil.

6. MAYORAL MINUTES:

Nil.

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ORDINARY MEETING MINUTES WEDNESDAY 9 JULY 2008

7. CORRESPONDENCE AND OFFICERS’ REPORTS:

7.1 REPORT ON LOCAL GOVERNMENT APPEALS AND OTHER LEGAL ACTIONS

Copy was attached for all Members.

uncil Resolution

General Manager's Recommendation THAT the Report be received.

Council Resolution

THAT the General Manager's Recommendation be adopted.

Moved Cr Thomsen Seconded Cr Hatfield

CARRIED 11/0

7.2 PROPOSED JOINT LEASE - CITY BROTHERS SOCCER, LIFE STREAM FOUNDATION, MACKAY LADIES VIGORO ASSOCIATION INC AND MACKAY CRICKET ASSOCIATION INC

File No 003835-532-CI-1

Author Manager Recreational Facilities & Property

Purpose

To consider a request from City Brothers Soccer Club, Life Stream Foundation, Mackay Ladies Vigoro Association Inc and Mackay Cricket Association Inc for the issue of a joint Lease for the Reserve on the corner of Bridge Road and Juliet Streets

Background/Discussion

Life Stream Foundation, Mackay Ladies Vigoro Association Inc and Mackay Cricket Association Inc presently hold a Lease over a 7.2 hectare section of the Sport and Recreation Reserve on the corner of Bridge Road and Juliet Street. The Lease is a standard Trustee Permit Lease, issued by Council with the approval of the Department of Natural Resources and Water.

The current Lease expires on the 31 December, 2022.

Following an approach by City Brothers Soccer Club regarding the use of the area, a meeting was held also involving the Vigoro and Cricket Associations, and local neighbours. It is the Soccer Club’s intention to use the facilities during the winter month. They are also proposing to erect lights for two playing fields and complete separate change rooms including toilet facilities. The necessary building permits and consents will need to be obtained prior to these being installed. Lighting will also be in accordance with the necessary Australia Standard for lighting, including spillage. The Soccer Club are also intending to use the existing parking

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facilities located on Juliet Street instead of on-site parking. This parking area is a Reserve under Council Trusteeship currently under lease to the Basketball Assoc. Under the terms of the lease Basketball have priority for the area and when not being used by them it is made available for other like community carparking needs.

An Agreement has been reached by all parties that the leased area could be held jointly to the satisfactory use of all involved. As Soccer is considered to be a winter sport, it would not propose any inconveniences for the Vigoro and Cricket Associations whose operations are during the summer months and Life Stream activities are operated during the day on weekdays.

Consultation

Agreement has been obtained for a joint lease from the Vigoro and Cricket Associations and the Life Stream Foundation.

Consultation with nearby neighbours by way of a public meeting was undertaken on the 15 May, 2008. All neighbours backing onto the Reserve area were invited by way of letter. At the meeting a number of issues were raised by the residents including usage issues by current groups, littering, and dust associated with access via the internal road. In relation to the internal road the residents were advised that the groups had arranged for a bitumen strip to be installed with installation to occur shortly. The residents did not raise any major concerns to the proposal of City Brothers Soccer, including the lighting.

As the area nominated for carparking is currently under lease to the Basketball Association.

Contact was made with Basketball Assoc by the Manager Recreational Facilities and Property.

The advice given was that they had no objection to the proposed use of the carpark dependant on the users entering into discussion with them regarding co-ordination of activities, and shared upkeep of the area. In this regard the associated groups will liaise over detail.

Given that the area is a Reserve for which Council is simply the Trustee, final approval of any Lease rests with the Department Natural Resources and Water. Such approval is usually sought following drafting of the Lease document and submission of a Management Plan for the area.

Resource Implications

Encouragement should be given to groups who are willing to work together in the use of Council Reserve areas. By joining, the combined groups have a better chance of resourcing maintenance needs, and also of obtaining funding grants. This will mean better facilities for all groups than could be achieved individually.

Further, this means that the reserve will be used all year round, instead of it sitting idle during the winter months.

Conclusion

It is considered that a joint Lease should be approved by Council over the area. In doing so the combined resources of the groups will enable better development of the area, and also diverse and increased usage. To achieve this the exiting Lease to the Mackay Ladies Vigoro Club Inc, Mackay Cricket Association Inc and Life Stream Foundation would need to be first surrendered.

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Council Resolution

General Manager's Recommendation

THAT Council approve a new joint Lease for a term of twenty (20) years in the names of Mackay Ladies Vigoro Association Inc, Mackay Cricket Association Inc, Life Stream Foundation and City Brothers Soccer Club Inc over a 7.2 hectare section of Lot 532 on CI 3835, being on the corner of Bridge Road and Juliet Street, subject to the approval of the Department Natural Resources & Water.

AND THAT the existing Lease to the Mackay Ladies Vigoro Association Inc, Mackay Cricket Association Inc and Life Stream Foundation be surrendered to allow the new Lease to be entered into.

THAT the General Manager's Recommendation.

Moved Cr Steindl Seconded Cr Casey

CARRIED 11/0 8. CONSIDERATION OF COMMITTEE REPORTS:

Nil.

9. RECEIPT OF PETITIONS:

9.1 PETITION - REDUCTION OF SPEED LIMIT ON BARCLAYS ROAD INCLUDING RIDOLFI ROAD

File No Barclays Road / Ridolfi Road

Author General Manager Engineering Services Purpose

That the petition dated 13 May 2008 be received.

ncil Resolution

THAT the petition be referred to the Traffic Advisory Committee for consideration.

Moved Cr Steindl Seconded Cr Casey

CARRIED 11/0

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10. TENDERS:

10.1 BRIDGE TENDERS (TOONS ROAD BRIDGE, CATHU O'CONNELL CAUSEWAY AND NEBIA CREEK BRIDGE)

File No MRC 2008-029/030/031 Author Manager Construction

Purpose

To present to Council for approval tenders submitted for the construction of Toons Road Bridge, Cathu O’Connell Causeway and Nebia Creek Bridge.

Background/Discussion

The reconstruction of the Nebia Creek Bridge on Pleystowe Connection Road has been identified on Council's Capital Works Program for the past four (4) years as a result of an audit of bridges across the former Mackay City Coucnil area. The audit identified the Nebia Creek Bridge as the most needing of replacement due to its reported condition. Funding has been allocated across the previous two (2) financial years to facilitate its reconstruction. Initial tenders identified that the available funds at the time were insufficient to accommodate the project. As a result additional funds have been set aside in the 2008/09 proposed budget.

During extensive flooding in the O'Connell River catchment in early 2007 the Toons Road Bridge and the Cathu Road Bridge over the O'Connell River were extensively damaged. As a result, flood damage submissions were made to the State Government to restore the Toons Road Bridge and to replace the Cathu Road Bridge with a concrete causeway.

In order to try to achieve economises of scale for the construction of these three (3) projects it was determined to advertise all together.

Tenders were invited for these three (3) projects on the 5 April 2008, via Council’s website and advertised locally in the Daily Mercury, requesting submissions from experienced and resourced civil construction providers.

The following submissions were received by 2.30pm 13 May 2008.

• Epoca Constructions Pty Ltd

• Vassallo Constructions Pty Ltd

The Evaluation Panel conducted an initial compliance check on 22 May 2008 to identify submissions that were non-conforming with the immediate requirements of the request for tender. This included compliance with contractual requirements and provision of requested information.

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Only Epoca Constructions Pty Ltd submission progressed through to the qualitative criteria assessment on the basis that all terms, conditions, and mandatory requirements of the request for tender had been met.

Subsequently, post tender discussions were held with Epoca Constructions Pty Ltd to clarify any operational issues in relation to supply of necessary materials and concerns with the significant lead times associated with precast concrete components.

At this meeting, Epoca Constructions Pty Ltd presented acceptable variations to the construction methodology to ensure projects could be completed within established timeframes if necessary. This ability was demonstrated in their extensive experience with building bridges for Queensland Department of Main Roads and numerous Local Governments.

Consultation

Council's Contract Coordinator's and Contracts Officer together with the Manager Construction undertook the evaluation of the tenders. Consultation has also been undertaken with the General Manager Engineering Services

Resource Implications

Construction of the Toons Bridge and the Cathu O’Connell River Causeway form part of Council's flood damage claim from the February 2007 event.

Approved funding for the project totals $966,000 compared with the tender result of

$1,392,852. Allowing for a contingency of 8% supervision costs and design costs to date a short fall of $626,000 exists. Council has budgeted $187,000 for its share of the project costs, however, a shortfall remains. Preliminary discussions with the Department of Local Government Planning Sport and Recreation, indicate that the request for additional funding based on actual tender prices is likely to be successful. Written confirmation is yet to be received but is expected in early July 2008.

Generally, access is available on a temporary basis for residents on the Cathu Road via temporary causeways, which wash out in each heavy rain event. Additionally, these causeways only have Department of Primary Industries and Fisheries approval until 1 October 2008.

Construction of the Nebia Creek Bridge has a remaining budget available of $1,014,392. This consists of $639,392 from the 2007/08 budget and $375,000 from the proposed 2008/09 budget. This compares with the tender result of $1,089,163. Allowing for an 8% contingency and supervision costs, the required sum is $1,176,296. The resulting shortfall of $83,133 can be funded from Council contribution to the flood damage if additional funding is received from the State Government as outlined above.

Conclusion

These bridges are critical in providing access to the community and in the case of Cathu Road for the timber industry. The shortfall in funding for the Toons Road Bridge and Cathu Road projects is expected to be confirmed by the State Government in early July 2008. As such it is recommended that Council endorse the tender process and delegate authority to the Chief

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Executive Officer to enter into contracts for these projects subject to the confirmation of funding from the State Government.

It should be noted that the tenders from Epoca Constructions Pty Ltd represents the most advantageous outcome to Mackay Regional Council based on the ability to perform the works specified and the resources available.

Council Resolution

THAT the Chief Executive Officer be authorised to accept the lump sum tenders totalling

$2,482,015 (Excluding GST) submitted by Epoca Constructions Pty Ltd for following construction projects, subject to confirmation of additional funding from the State Government.

MRC 2008-029 Construction of Toons Road Bridge $ 1,055,237 MRC 2008-030 Construction of Cathu O’Connell River Causeway $ 337,615 MRC 2008-031 Construction of Nebia Creek Bridge $ 1,089,163

Moved Cr Casey Seconded Cr Perkins

CARRIED 11/0

11. CONSIDERATION OF NOTIFIED MOTIONS Nil.

12. LATE BUSINESS:

Nil.

13. PUBLIC PARTICIPATION:

Nil.

14. CONFIDENTIAL REPORTS:

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14.1 MACKAY BLUEWATER ACTIVATION STRATEGY - LAND TRANSACTION - CANELANDS PARK (CONFIDENTIAL REPORT REGISTER FOLIO 5)

Council Resolution

THAT Council hereby resolves to enter into a Development Agreement including an associated land sale contract with Lend Lease Real Estate Investments Limited for the land transactions associated with the Bluewater Activation Strategy with such Development Agreement to be based on the principle terms as proposed by Lend Lease.

FURTHER THAT the Chief Executive Officer be authorised to finalise and enter into the Development Agreement including land sale contract subject to meeting the advised principle terms as outlined in this report.

Moved Cr Perkins Seconded Cr Cameron

CARRIED 11/0 The meeting closed at 10:08am.

Confirmed on Wednesday 16 July 2008.

………

MAYOR

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Ordinary Meeting Minutes

FINAL MINUTES

9 July 2008

Table of Contents

Folio Date Particulars

Declaration of Material Personal Interest

ORDINARY MEETING MINUTES