FINAL MINUTES
22 May 2013
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27555
Table of Contents
Folio Date Particulars 27556 22.03.2013 Ordinary Meeting Minutes 27582 30.04.2013 Executive Financial Performance Report to 30 April 2013 27628 30.04.2013 Corporate Services Monthly Review - April 2013 27642 30.04.2013 Water Services Monthly Review - April 2013 27673 30.04.2013 Waste Services Monthly Review - April 2013 27690 22.05.2013 Councillors Portfolio Appointments and Committee
Representation
Declaration of Potential Conflict of Interest
Nil.
FINAL MINUTES WEDNESDAY 22 MAY 2013
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ORDINARY MEETING MINUTES
1. ATTENDANCE:
Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).
The meeting commenced at 10.00 am.
2. ABSENT ON COUNCIL BUSINESS:
Nil
3. APOLOGIES:
Cr G J Martin
4. CONDOLENCES:
5. CONFIRMATION OF MINUTES:
5.1 ORDINARY MEETING MINUTES 15 MAY 2013
THAT the Minutes of the Ordinary Meeting held on 15 May 2013 be confirmed.
Moved Cr Casey Seconded Cr Jones
CARRIED
6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:
Nil
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7. MAYORAL MINUTES:
Nil
8. CORRESPONDENCE AND OFFICERS’ REPORTS:
8.1 EXECUTIVE FINANCIAL PERFORMANCE REPORT TO 30 APRIL 2013
Author Director Corporate Services
Purpose
To present the Executive Financial Performance Report to 30 April 2013.
Background/Discussion
As at 30 April 2013 Council's Operating Revenue totalled $264,246,812 and Operating Expenditure totalled $247,425,847. Total Capital Expenditure including NDRRA equals $146,524,213. Operating revenue is above budget on a pro-rata basis. A brief comment on each component follows:
Rates and Utility Charges - apart from Water, where the second billing is yet to occur the annual budget has been achieved or exceeded.
Fees and Charges - annual budget has been exceeded largely through annual fees and
increased demand for services such as bulk water sales and plumbing inspections.
Sales - Contract and Recoverable Work - above budget predominately due to water and sewerage recoverable works.
Grants and Subsidies - below budget due to the timing of receipt of large NDRRA
grants, these are dependent on the completion of projects. Also below budget due to the timing receipt of the Financial Assistance Grant and community grants.
Interest Earned - well above budget due to interest earned on reserve funds held, offset
by transfers to reserves, to assist in retaining the purchasing power of reserve funds.
Other Revenue - slightly below budget at this stage due to lease fees and MECC income being less than anticipated.
Operating expenditure is slightly above budget on a pro-rata basis. Comments are:
Employee costs - slightly below budget due to some vacancies.
Goods and services - below budget due to the timing of large contract payments.
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Finance costs - below YTD budget due to the timing of the quarterly loan payment.
Other expenses - well above budget due to the timing of annual insurance premiums,
and legal expenses being higher than anticipated. Capital expenditure excluding committals is currently at 56% (74% excluding NDRRA) on annual budget which includes the 2011/2012 carryovers. It is noted however that if non-cash contributions and loan repayments are also excluded, the actual capital delivery is approximately 54%. It should be noted that figures provided are accurate as at the date of publication. Figures reported are cumulative year to date which may include adjustments for revenue or expenses accrued to prior accounting periods. Depreciation estimates for the month are based on a percentage of the annual budget until the final calculations are undertaken at year end.
Consultation and Communication
Management Team.
Resource Implications
Nil.
Risk Management Implications
Nil.
Conclusion
Overall figures indicate that Council is tracking close to budget on a pro-rata basis, whilst noting the timing differences mentioned above. The timing of capital delivery continues to lag behind year to date estimates.
Officer's Recommendation
THAT the Executive Financial Performance Report to 30 April 2013 be received. Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Bonanno
CARRIED
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8.2 CORPORATE SERVICES MONTHLY REVIEW APRIL 2013
Author Director Corporate Services
Purpose
To review the attached Corporate Services Monthly Review for April 2013.
Officer's Recommendation
THAT the Corporate Services Monthly Review for April 2013 be received. Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Perkins
CARRIED
8.3 EXTENSION OF APPOINTMENT FOR EXTERNAL MEMBERS OF AUDIT ADVISORY COMMITTEE
Author Executive Manager Governance & Finance
Purpose
The purpose of this report is to propose an extension of time for the current external members of Mackay Regional Council's Audit Advisory Committee.
Background/Discussion
Under section 105(2) of the Local Government Act, Mackay Regional Council is required to have established an Audit Committee. The Local Government Regulation 2012 stipulates that the Audit Advisory Committee must consist of at least three (3) and no more than six (6) members, and include two (2), but no more than two (2), Councillors appointed by the Local Government. There must also be at least one (1) member who has significant experience and skills in financial matters. The Chief Executive Officer cannot be a member of the Audit Committee but can attend meetings of the committee. The current Audit Advisory Committee was formed in January 2011, with the external members being appointed for an initial period of two years. The current external members are Mr Hayden Wright, Mr Mark Bushell and Mr Roy Peterson. At the last Audit Advisory Committee meeting it was suggested that the current term of the external members be extended to June 2013, and that expressions of interest be re-advertised for the period post June 2013.
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Consultation and Communication
Audit Advisory Committee and Chief Executive Officer.
Resource Implications
Nil - Budget currently exists. The meeting fees are currently set at $1,500 per meeting with reasonable expenses also reimbursed. These fees are due to be reviewed.
Risk Management Implications
Nil
Conclusion
It is recommended that Council extend the appointment of the external members of the Audit Advisory Committee to 30 June 2013.
It is also recommended that Council call expressions of interest from suitably qualified persons to fill 'external member' positions of the Audit Committee.
Officer's Recommendation
THAT Council extend the appointment of Mr Hayden Wright, Mr Mark Bushell, and Mr Roy Peterson as independent members of the Audit Advisory Committee to 30 June 2013. AND THAT Council call expressions of interest from suitably qualified persons to fill 'external member' positions of the Audit Committee.
Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Gilbert
CARRIED
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8.4 WATER & WASTE SERVICES MONTHLY REVIEWS - APRIL 2013
Author Director Water & Waste Services
Purpose
To provide Council with Water & Waste Services Monthly Reviews for the period ending 30 April 2013.
Officer's Recommendation
THAT the Monthly Performance Reviews be received.
Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Gilbert Seconded Cr Bonaventura
CARRIED
8.5 COUNCILLOR PORTFOLIO APPOINTMENTS AND COMMITTEE REPRESENTATION
Author Chief Executive Officer
Purpose
At the Ordinary Meeting of 6 June 2012 it was recommended that in 12 months time a review be undertaken of the allocation of Councillor Portfolio Areas to differing aspects of Council services, and also to review the appointment of Councillors to different Rural Portfolio Areas.
Background/Discussion
The appointment of Portfolio Areas for Councillors enables specific concentrated interest to be given to different aspects of services delivered by Council. As a large Regional Council, it is very difficult for all Councillors to be across every aspect of each operation of Council. By the allocation of a Portfolio Area, it enables Councillors to focus interest in certain aspects and in doing so be able to provide a better standard of information and service to residents. Under such an arrangement, residents are still able to contact any Councillor with any issue, however those Councillors holding the particular Portfolio related to the matter are better positioned to provide an immediate and informed response. Presently Councillors hold the following Portfolio Areas –
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Councillor Portfolio Area
Mayor Cr Deirdre Comerford Emergency Management
Cr Alison Jones Community Development & Libraries Cr Chris Bonanno Festival, Events & The Arts Cr Ross Walker Finance & Technology Cr Theresa Morgan Parks & Environment Cr Dave Perkins Planning & Development Deputy Mayor Cr Kevin Casey Roads & Drainage Cr Paul Steindl Sports, Recreation & Facilities Cr Greg Martin Tourism & Economic Development Cr Laurence Bonaventura Waste, Health & Regulatory Cr Frank Gilbert Water & Sewerage
Under the Portfolio Area system, Councillors are able to better concentrate on specific Rural geographical areas and build up an experience and knowledge base of these areas. Like the Portfolio Area system, residents from any Rural area are able to contact any Councillor with any issue, however those Councillors appointed to their geographical area are better positioned to provide an immediate and informed response. The present Councillor for each Rural Portfolio Area is –
Councillor Rural Portfolio Area
Cr Alison Jones Yalboroo North (Bloomsbury/Midge Point) Cr Chris Bonanno South of Sarina (Armstrongs Beach, Koumala, Swayneville,
Sarina Range) Cr Ross Walker Marian/Mirani Cr Theresa Morgan Calen/Kuttabul/Seaforth and beaches/Hampden Cr Dave Perkins Upper Pioneer Valley (Gargett to Eungella) Deputy Mayor Cr Kevin Casey
Homebush, Eton and McEwans Beach
Cr Paul Steindl Sarina Beaches Cr Greg Martin Sarina Urban Cr Laurence Bonaventura Farleigh/Habana/The Leap Cr Frank Gilbert Walkerston, Alexandra, Pleystowe, Greenmount, Wallingford
Councillors also discussed changes to Committee Representation. An amended list is attached to this report.
Consultation and Communication
Mayor and Councillors.
Resource Implications
NIL.
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Risk Management Implications
NIL.
Conclusion
Councillors have discussed the matter and concluded that they will remain in their current Portfolio Areas and Rural Portfolio Areas as allocated until 30 June 2014. Adoption of these Portfolio allocations is recommended.
Officer's Recommendation
THAT Councillors remain in the following Portfolio Areas and Rural Portfolio Areas until 30 June 2014, at which time the situation will be reviewed –
Councillor Portfolio Area
Mayor Cr Deirdre Comerford Emergency Management
Cr Alison Jones Community Development & Libraries Cr Chris Bonanno Festival, Events & The Arts Cr Ross Walker Finance & Technology Cr Theresa Morgan Parks & Environment Cr Dave Perkins Planning & Development Deputy Mayor Cr Kevin Casey Roads & Drainage Cr Paul Steindl Sports, Recreation & Facilities Cr Greg Martin Tourism & Economic Development Cr Laurence Bonaventura Waste, Health & Regulatory Cr Frank Gilbert Water & Sewerage
Councillor Rural Portfolio Area
Cr Alison Jones Yalboroo North (Bloomsbury/Midge Point) Cr Chris Bonanno South of Sarina (Armstrongs Beach, Koumala,
Swayneville, Sarina Range) Cr Ross Walker Marian/Mirani Cr Theresa Morgan Calen/Kuttabul/Seaforth and beaches/Hampden Cr Dave Perkins Upper Pioneer Valley (Gargett to Eungella) Deputy Mayor Cr Kevin Casey
Homebush, Eton and McEwans Beach
Cr Paul Steindl Sarina Beaches Cr Greg Martin Sarina Urban Cr Laurence Bonaventura
Farleigh/Habana/The Leap
Cr Frank Gilbert Walkerston, Alexandra, Pleystowe, Greenmount, Wallingford
AND THAT the changes to the Committee Representation attached be adopted.
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Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Bonanno
CARRIED
9. CONSIDERATION OF COMMITTEE REPORTS:
Nil
10. RECEIPT OF PETITIONS:
Nil
11. TENDERS:
11.1 TENDER: MRC 2013-056 PROVISION OF AQUATIC FACILITIES MANAGEMENT - PIONEER AND MEMORIAL SWIM CENTRES
Author Manager Recreation Services
Purpose
To present to Council for approval, tenders submitted for MRC 2013-056 Provision of Aquatic Facilities Management- Pioneer and Memorial Swim Centres.
Background/Discussion
Mackay Regional Council's adopted OSSR Strategy 2010 - 2016 acts as the principal document for the direction and development of aquatics, open spaces, sports and recreation. Councillors have been informed on the background and progress of this strategy in Council briefings held in August and September 2012. In accordance with outcomes of these briefings, Council determined to progress on the strategy's recommendations to ensure the needs and expectations of the Mackay regional community are met and to support the future planning and development of aquatic facilities. One of the recommendations relates to exploring market opportunities and inviting expressions of interest for a professional, experienced aquatic facility operator(s) to manage one, several or all of Council's pools. Consequently, on the 26th September 2012 Council resolved to call expressions of interest from professional, experienced aquatic facility operator(s) to manage the Memorial and Pioneer
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Swim Centres in accordance with now superseded Section 177(3) of the Local Government (Finance, Plans and Reporting) Regulation 2010. Expressions of interest were called on 6th October 2012, via Council’s website and advertised in the Daily Mercury and Courier Mail with the intention of forming a shortlisted panel of providers from which tenders may be sought. On the 30th January 2013 Council resolved THAT the following respondents be shortlisted in response to MRC 2013-040 Request for Expressions of Interest – Management of Mackay Regional Councils Aquatic Facilities – Pioneer and Memorial Swim Centres with the intention of calling tenders in accordance with section 228 (6a) of the Local Government Regulation 2012.
BlueFit Leisure Pty Ltd Casa Leisure Lane 4 Aquatics Mr Matthew Kent The Young Men’s Christian Association of Brisbane (YMCA)
Tenders were invited from the shortlisted panel on the 16th February 2013 via Council’s website for the Provision of Aquatic Facilities Management- Pioneer and Memorial Swim Centres. During the tender period correspondence was received from Mr Matthew Kent on 8th March 2013 advising of a change to his trading name to LTS Leisure Pty Ltd. The following submissions were received by the closing date 19th March 2013:
Casa Leisure Lane 4 Aquatics LTS Leisure Pty Ltd (Mr Matthew Kent)
An initial compliance check was conducted by the Evaluation Panel on 18th March 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 tender 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 in the RFT evaluation criteria. The weighting attributed to each criteria was:
a) Price and Value - 30% b) Key personnel skills and experience - 20% c) Tenderers’ level of vision, additional services offered and innovation - 20% d) Demonstrated ability to safely and professionally manage Aquatic Facilities - 20% e) Local Content - 10%
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After the initial evaluation meeting, a Tender Information Request 1 (TIR) was issued to CASA Leisure Pty Ltd and LTS Leisure Pty Ltd requesting clarification of information included in their tender in regards to transition plans and qualitative criteria.
TIR 2 was issued to LTS Leisure Pty Ltd in regards to the confirmation of pricing under the two payment schedules included in the RFT.
All responses were received within the required timeframes. The annual lease fee/payment submitted by each tenderer are listed below.
Tenderer Annual Lease payment for
Pioneer and Memorial Swim Centres (Excluding GST)
Casa Leisure 845,000.00 Lane 4 Aquatics 220,000.00 LTS Leisure Pty Ltd (Mr Matthew Kent)
- 50,000.00
In addition to the provisions allowed for inclusion and exclusions of operational expenditure stipulated in the RFT, it was evidenced during the assessment of the pricing submitted that additional pricing qualifications were included within in a number of submissions. CASA Leisure's tender price was subject to increases in lease amount payable based on the Australian Bureau of Statistics Consumer Price Index (CPI), insurance premium increases and also if previous years entrance figures used within the RFT for information purposes were not maintained. Lane 4 Aquatics' tender allowed for a reduction from the first years lease from $220,000 per annum to $200,000 excluding GST for subsequent years of the term of the lease. LTS Leisure Pty Ltd's tender was based upon an annual payment to Council with no qualifications or provisions for reduction in annual lease payment. In addition to the annual lease payments options were included in both Lane 4 Aquatics and LTS Leisure Pty Ltd's tender for capital contributions for future infrastructure at the Pioneer Swim Centre.
Following a second evaluation on 8th April 2013 a meeting was requested with LTS Leisure Pty Ltd on the 24th April 2013, as allowed under the Conditions of Tender to confirm the information supplied in their tender.
At the completion of the evaluation the panel considered the offer from LTS Leisure Pty Ltd (Mr Matthew Kent) not only satisfied the required experience, demonstrated vision and strategic view in offering the services but also provided the best commercial return due to income being generated from these facilities which off-sets against the on-going operational costs not covered by the lease.
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Consultation and Communication
Council has been informed on the background and progress associated with the OSSR Strategy 2010 – 2016 in Council briefings held in August and September 2012. In addition, Council was briefed in regards to the REOI submissions on 5th December 2012 and details of the tender submissions on 1st May 2013. Council aquatic staff were informed about calling expressions of interest prior to the 26th September 2012 report coming to Council and have continuously been updated about the REOI process through various communications. Outcomes of the 1st May 2013 briefing to Council were specifically discussed with Recreation Services program staff on Friday 3 May at Pioneer Swim Centre, involving Portfolio Councillor Sport, Recreation and Facilities, Director Community Services, Manager Recreation Services and United Voice Union Organiser. Aquatic staff were also sent a letter on 13th May 2013 stating Council's desire to continue with processes to adopt the change from in-house management to outsourcing in the public interest, including appointment of the successful contractor. Relevant unions have been notified throughout the process as per the terms of reference of the Mackay Regional Council Certified Agreement 2011. A letter was sent to relevant unions on 13th May 2013 highlighting Council's desire to contract out the management of Memorial and Pioneer Swim Centres, including measures put in place to minimise adverse effects of the change on employees. Extensive communication also took place with the Director Community Services.
The evaluation of the tenders was conducted by:
Director Community Services Manager Recreation Services Manager Procurement and Plant
Resource Implications
Council's total subsidy required to manage Memorial and Pioneer Swim Centres through LTS Leisure Pty Ltd will be reduced by approximately $400,000 per annum based on 12/13 financial year income/expenditure under the lease management model.
Risk Management Implications
Local governments manage aquatic facilities through various management models, including direct council management and lease management. It is not uncommon for local government to change management models over time and even revert to previous models to meet particular objectives. Although both models have potential advantages and disadvantages, Council becomes more removed from the control of day-to-day operation of the facility, including programming, recruitment and overall quality control.
Conclusion
That awarding the contract to LTS Leisure Pty Ltd represents the most advantageous outcome to Mackay Regional Council based on the ability to perform the services requested and the demonstrated value for money.
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Officer's Recommendation
THAT the tender submitted by LTS Leisure Pty Ltd of $50,000 (Excluding GST) per annum payable to Council be accepted for MRC 2013-056 Provision of Aquatic Facilities Management - Pioneer and Memorial Swim Centres for a lease term of five (5) years with options for Council to extend the Term twice for up to two years at a time and one additional term for one year, on the same terms.
Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Steindl Seconded Cr Morgan
CARRIED
11.2 MRC 2013-045 PROVISION OF DEBT MANAGEMENT SERVICES
File No MRC 2013-045 Provision of Debt Management Services Author Manager Financial Services
Purpose
To present to Council for approval, tenders submitted for MRC 2013-045 Provision of Debt Management Services.
Background/Discussion
Council is seeking the services of a suitably resourced and experienced company to act on the behalf of the Council in relation to the collection of outstanding rates and charges and sundry debtors. Council collects approximately $198.8 million in rates revenue from 49,500 rating assessments. Rates are levied half yearly in August and February of each financial year. Approximately 38,500 water consumption accounts are issued on the same assessments in late October and late April. All notices are due 30 days after the issue date. The rates collection cycle is based around the due date of the rate levies. Approximately one week after the due date a reminder notice is issued to any ratepayer who has not paid or made an arrangement to pay their rates, requesting payment within 14 days. If no response is received an assessment is made and accounts showing a balance above a nominated value each half year, are selected and handed to collection agents for further action. A small number of sundry debtors and unpaid licence fees are also referred on an ad-hoc basis.
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In the 2011-2012 financial year 3,664 assessments were referred to our collection agents for further action. Of these, 884 had legal action commenced with 149 proceeding to judgement and 92 of these having enforcement action taken to finalise the legal actions. Tenders were invited on the 23rd February 2013, via Council’s website and advertised locally in the Daily Mercury for the Provision of Debt Management Services. The following submissions were received by the closing date 19th March 2013: Austral Mercantile Collections Australian Receivables Ltd Collection House Limited Dun & Bradstreet (Australia) Pty Ltd Hemming + Hart Lawyers Integrity Debt Management Pty Ltd Jones Heard King Lawyers Pty Ltd Macrossan & Amiet Pty Ltd Propel Partnerships Recoveries and Reconstruction (Aust) Pty Ltd Results Legal Pty Ltd Robinson Locke Litigation Lawyers Pty Ltd Rostron Carlyle Solicitors An initial compliance check was conducted by the Evaluation Panel on 28th March 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. 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% After the initial evaluation meeting, a Tender Information Request (TIR) was issued to Recoveries and Reconstruction (Aust) Pty Ltd requesting they provide further details in relation to their Qualitative Criteria to enable evaluation of their submission. Additional TIR’s were issued to Australian Receivables Ltd, Collection House Limited, Integrity Debt Management Pty Ltd, Propel Partnerships and Recoveries and Reconstruction (Aust) Pty Ltd clarifying pricing schedule details.
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The Evaluation Panel were required to consider the structure of this tender in relation to the fees associated with legal action being a recoverable cost to Council, as per the court nominated fee scale. The pricing comparison was prepared utilising the submitted prices from each tenderer. Tenderers provided a price on a per service basis. To enable comparison on an annual basis the 2012 calendar years actual referral data was used as this represents the most current available data. Where pricing was omitted within the Pricing Schedule - General or Costs on the Sale of Parcels for Overdue Rates Schedule, the highest tendered price were applied. As a result of the above application Hemming & Hart received the lowest price score, closely followed by Recoveries and Reconstruction, Australian Receivables Limited and Collection House.
Hemming & Hart have applied a rebate to Council of 25% of the applicable Magistrates Court Scale which provides a saving to Council. The company however scored the lowest on the quality scale due to the debt management function of their business being a new enterprise. Reference is made to the previous debt management function that was operated under their services, however this has previously been sold and they are now re-establishing their operations. Key personnel detail provided are for high level legal services with reference to only one collection staff included. At the completion of the evaluation process, the respondents with the highest combined quality/price scores based on their demonstrated vast experiences servicing Local Government Authorities were Collection House Limited. In addition, Collection House Limited further demonstrated a comprehensive understanding of Council's requirements having previously serviced Mackay Regional Council and has a dedicated in-house legal department to service their debt management functions. Their submission outlines highly skilled and experienced staff which demonstrates the ability to ensure resources are always available to service Council's requirements. Collection House Limited currently provide debt management services to Mackay Regional Council's largest neighbouring Councils in Townsville City and Rockhampton Regional Council.
Consultation and Communication
The evaluation of the tenders was conducted by: Revenue Services Coordinator – Financial Services Senior Revenue Officer – Financial Services Contracts Officer – Procurement and Plant
Resource Implications
Nil within current budget limits and costs are generally recoverable.
Risk Management Implications
Nil
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Conclusion
That awarding the contract MRC 2013-045 Provision of Debt Management Services to Collection House Limited for the period of two (2) years with the option of a one (1) year extension, represents the most advantageous outcome to Mackay Regional Council based on the ability to perform the works requested and the demonstrated value for money.
Officer's Recommendation
THAT the schedule of rates tender submitted by Collection House Limited be accepted for the provision of MRC 2013-045 Provision of Debt Management Services for the term of two (2) years with the option of a one (1) year extension.
Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Morgan
CARRIED
11.3 MRC 2013-008 SHAKESPEARE STREET REHABILITATION
File No MRC 2013-008 Shakespeare Street Rehabilitation Author Manager Civil Projects
Purpose
To present to Council for approval, tenders submitted for the road rehabilitation contract MRC 2013-008 Shakespeare Street Rehabilitation.
Background/Discussion
Mackay Regional Council is seeking to undertake road rehabilitation works on a section of Shakespeare Street, from Grant to Porter Streets in Mackay. This project was initiated approximately 18 months ago in order to address the issue of pavement deterioration resulting from the extreme weather events. This initial planning involved extensive consultation prior to the finalisation of the detailed design plans. Tenders were invited on the 16th February 2013, via Council’s website and advertised locally in the Daily Mercury. The following submissions were received by the closing time of 10.00am 26th March 2013: a) BMD Urban Pty Ltd b) Colemans Group (Aust) Pty Ltd
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c) Doval Constructions (Qld) Pty Ltd d) Epoca Constructions Pty Ltd e) Shamrock Civil Engineering Pty Ltd f) Vassallo Constructions Pty Ltd g) Winslow Constructors Pty Ltd An initial compliance check was conducted by the Evaluation Panel on 4th April 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. Tender Information Requests (TIR's) were issued to Shamrock Civil Engineering Pty Ltd, Colemans Group (Aust) Pty Ltd and Winslow Constructors Pty Ltd seeking clarification on pricing within their submitted Schedule of Rates Pricing. All other submissions were progressed through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the RFT had been met. During the evaluation, tenderers were assessed against the nominated qualitative criteria. The weighting attributed to each qualitative criteria was: a) Relevant Experience 15% b) Key personnel skills and experience 15% c) Demonstrated Understanding 20% d) Tenderers' Price 40% e) Local Content 10% The tendered Schedule of Rates Prices are listed below, excluding GST: BMD Urban Pty Ltd $7,378,190.29 Colemans Group (Aust) Pty Ltd $5,942,235.00 Doval Constructions (Qld) Pty Ltd $7,452,475.00 Epoca Constructions Pty Ltd $8,588,438.00 Shamrock Civil Engineering Pty Ltd $6,805,388.00 Vassallo Constructions Pty Ltd $8,961,157.22 Winslow Constructors Pty Ltd $6,276,611.00 The qualitative criteria assessment was carried out by the Evaluation Panel on 18th April 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. A further Tender Information Request was issued to Winslow Constructors Pty Ltd to clarify details contained in their submission. The TIR response was received and considered by the evaluation panel.
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A key evaluation Criteria relates to previous experience and demonstrated understanding. The evidence provided by the cheapest tenderer, Colemans Group (Aust) Pty Ltd, of relevant experience and demonstrated understanding of the project was rated lower when compared to others tenderers due to limited projects which demonstrate their experience in managing complex civil project of a similar nature. In particular their work item for management of traffic within the schedule was considered abnormally low when compared with other tenderers. Winslow Constructors Pty Ltd's submission, demonstrated a comprehensive understanding of Council’s requirements. This coupled with their extensive previous experiences on projects of a similar nature and projects with an extremely large emphasis on managing high volumes of traffic, lead the Evaluation Panel to a decision that awarding the contract to Winslow Constructors Pty Ltd would provide council with the most advantageous outcome in terms of proven quality of works and reducing councils potential level of risk.
Consultation and Communication
The evaluation of the tenders was conducted by:
Technical Officer – Civil Projects Manager – Civil Projects Contracts Officer – Procurement and Plant Council officers have undertaken intensive consultation during the various phases of the project. The initial consultation related to development of the concept and design with subsequent phases related to development of conditions for traffic management during construction. On appointment of a contractor the intention is to work with the contractor on their traffic management and works construction program and then to re visit the directly affected stakeholders prior to construction works commencing. Regular updates will also be provided to directly affect stakeholders and the wider community through a variety of mechanisms.
Resource Implications
MRC 2013-008 Shakespeare Street Rehabilitation
Expenses
Description Amount $ Notes
Expenditure to Date 11/12 & 12/13
74,265.84 Design and geotechnical works
Commitments 12/13 11,445.07 Contract Price 6,276,611 Winslow Constructors Pty Ltd Contingency 630,000 Allow approx10% of contract price Below the line cost 600,000 Services, materials, design and Geotechnical. Contract Administration 300,000
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Cost to Complete 7,892,322 Rounded
Budget Description Amount $ Notes
NDRRA eligible amount 4,488,792This amount represents the evaluated NDRRA eligible items based on the tendered amounts
NDRRA portion of eligible contingency 380,000 Assumed based on the ratio of project cost eligibility
Capital 11/12 250,000.00 Rates Allocation Capital 12/13 500,000.00 Rates Allocation
Capital 13/14 250,000.00Rates budget allocation transferred to Capital Improvements Reserve in September 2012 Budget Review to be re-budgeted in 13/14
Complimentary Funding 398,000Original approval was for $1,398,000 which included the $1M Capital.
Total Budget 6,266,792
BALANCE (1,625,530) Deficit
In order to meet the additional costs associated with this very significant project, funding will need to be provided from within the existing Capital Works Program for 2013/14. The issues that have been considered in determining which 2013/14 project to defer includes project timing, preliminary service relocations required, finalisation of funding models and engagement with stakeholders and also the question of funds required. As such, it is proposed to defer the Malcomson Street and Greenfields Boulevard intersection works where Council's contribution of $2 Million was to be funded in 2013/14. It is proposed that $1,700,000 be allocated to the Shakespeare Street rehabilitation project and the remaining $300,000 be retained for the Malcomson Street and Greenfields Boulevard intersection in order to facilitate finalisation of the detailed design and initiate some service relocation works.
Risk Management Implications
There are a number of risks for Council for this project. Currently there is a potential funding shortfall of $1.6M. A significant portion of this relates to lining of the old Brick drain that is to be lined in conjunction with the road project. The road cannot be constructed without first lining the drain as it will likely be damaged by construction equipment. Currently under the guidelines this drain lining is not eligible and would not receive funding from NDRRA. Councils NDRRA personnel are discussing this issue with the QRA with the aim of seeking an exemption on the grounds that the road rehabilitation cannot occur unless the drain is lined. Should this exemption request be denied Council will be required to fund the drain lining. This would require the re-prioritisation of funding in 2013/14 as outlined previously in this report. The selected contractor has not worked for Council previously but has extensive experience in major projects in South East Queensland and also interstate. Based on the past experience and proposed personnel the contractor should have the capacity and skill set to undertake the works successfully.
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MIN/22.05.2013 FOLIO 27575
Conclusion
That awarding the contract to Winslow Constructors 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 RFT.
Officer's Recommendation
1. THAT the re-measurable schedule of rates tender submitted by Winslow Constructors Pty Ltd of $6,276,611.00 (excluding GST) be accepted for the provision of MRC 2013-008 Shakespeare Street Rehabilitation.
2. THAT the funds required to complete the project be made available within the
2013/14 Capital Works Program by deferring a major proportion of the Malcomson Street and Greenfields Boulevard intersection upgrade (ie: $1,700,000).
Council Resolution
THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Perkins
CARRIED
12. CONSIDERATION OF NOTIFIED MOTIONS
Nil
13. LATE BUSINESS:
13.1 WAVERLEY CREEK REST AREA
Cr Bonanno advised the 3 day event being held at the Waverley Creek Rest Area by RAAG, Councils and the State members will conclude today. Over the 3 day event community people, RAAG staff and Councillors assisted in interviewing and conducting surveys of heavy vehicle drivers using this rest area.
13.2 MACKAY NORTH TREATMENT PLANT
Cr Gilbert advised that there was an illegal dumping of oil and grease into the sewage system which as caused issues with the Mackay North Treatment Plant processing ability. Staff have been able to track the contaminants back to the Harbour area and Council will be further investigating this matter. If the offenders can be ascertained Council will look at prosecution,
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27576
as not only has this illegal dumping caused damaged the environment and the sewage system there have been costs to ratepayers.
13.3 COUNCILLORS 1ST ANNIVERSARY
The current Council celebrated its first anniversary with several first time Councillors and some Councillors from the previous Councils acknowledging their first year serving the Mackay Region. Cr Steindl also advised the Mayor was celebrating her 15th year of service with Council this week.
13.4 ROUND 3 RDA FUNDING - EDWARD LLOYD PARK
Funding has been approved under Council's Regional Development Australia Round 3 application (through the Department of Regional Australia, Local Govt, Arts & Sports). This will be used for the construction of new playground facilities and associated infrastructure along the riverfront at Edward Lloyd Park located in the town of Marian. This will provide the community of Marian and surrounding towns with a much needed social facility to serve the lifestyle needs of the communities.
13.5 WEEKEND EVENTS
Mackay Amateur Racing Day
On Saturday 25 May 2013 the Mackay Amateur Racing will celebrate 100 years of racing. Annual Greenmount Heritage Fair On Sunday 26 May 2013 Greenmount will again be hosting the Annual Greenmount Heritage Fair which is free entry and fun for all the family. Citizenship Ceremony The largest citizenship ceremony on record will be held on Sunday at the Greenmount Heritage Fair with 174 new citizens taking part in the ceremony.
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MIN/22.05.2013 FOLIO 27577
Relay for Life The Relay for Life will be holding their event this week-end at Slade Point and will be celebrating their 10th birthday for this very worthwhile event.
13.6 MAYORS 2013 CHARITY BALL
The Mayors 2013 Charity Ball organised by the Rotary Club Sunrise raised approximately $42,000 for charity and Council acknowledged the success of this event.
14. PUBLIC PARTICIPATION:
Mrs Mavis Coxon of Walkerston expressed her concern that the consultants Council used to determine if fluoride should be added to the drinking water all had their own agenda. Another concern Mrs Coxon raised was the recent incident which occurred at the water treatment plant resulting in fluoride being unable to be added to the drinking water due to mechanical failure and the destruction of evidence. The Mayor addressed Mrs Coxon's concern in relation to impartial consulting by stating Council had spoken to a number of people in relation to this and they were all listed in the Council Report for Mrs Coxon to view if she wished. The Director of Water & Waste Services advised Mrs Coxon that all evidence gathered in relation to the recent event at the Water Treatment Plant was under the control of Council and the investigation was still ongoing.
15. CONFIDENTIAL REPORTS
Nil
16. MEETING CLOSURE
The meeting closed at 10.39 am.
17. FOR INFORMATION ONLY
17.1 DEVELOPMENT APPLICATION INFORMATION - 06.05.13 TO 12.05.13
For Council Information Only - No Decision Required.
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27578
Development Applications Received
App no Code / Impact
Address Applicant Description Officer
CA-2007-435
16 Martin Street, NORTH MACKAY
Kristian R Foxon
Request to Extend Currency Period - Combined Application for a Material Change of Use (2 Dwelling Houses on Lots less than 450m2) AND a Reconfiguration of 1 Lot to create 2 Urban Residential Lots (superseded planning scheme)
Josephine McCann
CON-2013-110
25 Schooner Avenue, SHOAL POINT
Jeffrey J Mitchell
Building Work - Boundary Setback for Residential Shed
Andrea McPherson
CON-2013-111
29 McCarthy Street, HAY POINT
Kerryn G Johnston
Building Work - Residential Storage Shed - 50% Site Coverage
Helle Jorgensen Smith
CON-2013-112
29 Leslie Street, SARINA
Heinz W Iwanow
Building Work - Boundary Setback for Carport Helle Jorgensen Smith
CON-2013-113
29 Logan Crescent, ERAKALA
Gavin L Shailer Building Work - Boudnary Setback for Water Tanks
Josephine McCann
CON-2013-114
22 Melba Street, ARMSTRONG BEACH
Chris Vandyke Designs
Building Work - Boundary Setback for Dwelling House
Josephine McCann
CON-2013-115
39 Headland Drive, HALIDAY BAY
Narellan Pools Mackay
Building Work - Boundary Setback for Pool Fence
Darryl Bibay
MCUC-2013-17
Code 33 Warilla View, BLACKS BEACH
McLynskey Planners Pty Ltd
Request for a Permissible Change - Dual Occupancy
Andrea McPherson
MCUI-2013-158
Impact 261 Nebo Road, WEST MACKAY
PK Murphy Pty Ltd and Rok Properties Pty Ltd
Multiple Dwelling Units (8) Kathryn Goodman
MCUI-2013-159
Impact 42 Campwin Beach Road, CAMPWIN BEACH
Saildane Pty Ltd
Accommodation Village (Caravan Park) Julie Brook
ROLC-2011-205
Code 38-40 Downie Avenue, BUCASIA
Mark Seymour Request for plans to be considered 'generally in accordance' - 1 Rural Lot into 28 Lots
Julie Brook
ROLC-2011-309
Code 923 Stockroute Road, GREENMOUNT
Darren J North Request for plans to be considered 'Generally in Accordance' - Boundary Realignment 3 Rural Lots into 3 Rural Lots
Julie Brook
ROLC-2013-146
Code 241 Sugarshed Road, ERAKALA
Damien Raines 1 Rural Lot into 2 Lots Kathryn Goodman
ROLC-2013-160
Code 25 Forgan Street, NORTH MACKAY
Frances M Tugai
1 Urban Residential Lot into 2 Lots Josephine McCann
Development Applications Entering Decision Making Period
App Number
Address Applicant Description Officer
MCUC-2013-110
Code 287 Nebo Road WEST MACKAY
Julie M Laird and Stuart A Laird
Material Change of Use - Warehouse and Car Repair Workshop
Brogan Jones
MCUC-2013-110
Code 287 Nebo Road WEST MACKAY
Julie M Laird and Stuart A Laird
Material Change of Use - Warehouse and Car Repair Workshop
Brogan Jones
MCUC-2013-115
Code 6 David Muir Street SLADE POINT
National Masonry Pty Ltd
General Industry (Concrete Block Construction Facility)
Matthew Ingram
MCUC-2013-132
Code 46 Gateway Drive PAGET
Pengelly Developments Pty Ltd
General Industry (Modular Housing Construction)
Matthew Ingram
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27579
App Number
Address Applicant Description Officer
MCUC-2013-148
Code 158 Horse & Jockey Road RACECOURSE
Joanne I Stewart Dwelling House (Flood and Inundation Overlay) and Residential Storage Shed (Non-compliance with the applicable code)
Andrea McPherson
MCUC-2013-149
Code 64 Makybe Diva Drive OORALEA
Sandsky Developments
Dual Occupancy Matthew Ingram
MCUC-2013-150
Code 25 Florence Street EIMEO
David Reid Homes Mackay
Dwelling House (Steep Land Overlay) Josephine McCann
MCUI-2013-102
Impact 7 Webb Court RURAL VIEW
Sandsky Developments
Multiple Dwelling Units (3) Matthew Ingram
MCUI-2013-80
Impact 65 Rasmussen Avenue HAY POINT
Sandsky Developments
Dual Occupancy Josephine McCann
ROLC-2011-309A
Code 923 Stockroute Road GREENMOUNT
Darren J North Request for plans to be considered 'Generally in Accordance' - Boundary Realignment 3 Rural Lots into 3 Rural Lots
Julie Brook
ROLC-2012-169
Code 93226 Bruce Highway CHELONA
Ross W Lemberg Boundary Realignment 2 Rural Lots into 2 Lots
Brogan Jones
ROLC-2013-156
Code 46 Palm Ridge Drive RICHMOND
Gillian Camilleri 1 Rural Residential Lot into 2 Lots Julie Brook
ROLC-2013-52
Code 174 Habana Wharf Road HABANA
Joseph Abela and Philippa M Abela
Boundary Realignment - 4 Rural Lots into 3 Lots
Brogan Jones
Development Applications Finalised
App No Code /
Impact Location Applicant Description Officer
Approved Subject to Conditions CAC-ASPA-2012/341
Ko Huna Resort 116 Shoal Point Road BUCASIA QLD 4750
Pioneer Projects No. 1 Pty Ltd and McGrath Developments (Kohuna) Pty Ltd
Combined Application - Material Change of Use (49 Multiple Dwelling Units/61 keys) & Reconfiguration of a Lot (3 Special Activities (Tourism) Lots into 49 Lots)
Brogan Jones
CON-ASPA-2013/103
15 Stephanie Court GLENELLA QLD 4740
Development Certification
Boundary Setback for Dwelling House Kathryn Goodman
CON-ASPA-2013/105
6 Hart Street SOUTH MACKAY QLD 4740
Coastal Building Approval Service
Building Work - Boundary Setback for Carport
Josephine McCann
CON-ASPA-2013/106
1 Atherton Street SARINA QLD 4737
Coastal Building Approval Service
Building Work - Boundary Setback for House
Andrea McPherson
CON-ASPA-2013/95
19 Kataryn AvenueGRASSTREE BEACH QLD 4740
Warde Builders Pty Ltd
Building Work - Boundary Setback for Carport
Helle Jorgensen Smith
MCUC-ASPA-2012/428
Code 19-23 Interlink Court PAGET QLD 4740
Jason J Mordey Transport Depot Brogan Jones
MCUC-ASPA-2013/121
Code 80-94 Kellys RoadWALKERSTON QLD 4751
Sandsky Developments
Dual Occupancy Darryl Bibay
MCUC-ASPA-2013/126
Code 14 Queen Street NORTH MACKAY QLD 4740
Weber Builders Dwelling House (Flood & Inundation Overlay)
Andrea McPherson
MCUC-ASPA-2013/144
Code 1 Eales Road RURAL VIEW QLD 4740
Stuart A Niven and Angela B Niven
Dual Occupancy Andrea McPherson
MCUC-ASPA-2013/90
Code 9 Sunrise Place BLACKS BEACH QLD 4740
Don Woods Homes
Dwelling House (Steep land Overlay) Julie Brook
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27580
App No Code / Impact
Location Applicant Description Officer
MCUI-ASPA-2012/427
Impact 16 Stayts Road MARIAN QLD 4753
Peter Town Homes
Multiple Dwelling Units (4) submitted - Preliminary Approval only granted for (3) units.
Darryl Bibay
ROLC-ASPA-2011/276
Code L 12 Rosewood Drive RURAL VIEW QLD 4740
Xcel Properties Pty Ltd
1 Urban Expansion/Open Space Lot into 2
Julie Brook
ROLC-ASPA-2013/134
Code L 3 Beaconsfield Road East ANDERGROVE QLD 4740
Andergrove Lakes Pty Ltd
Boundary Realignment 2 Lots into 2 Lots Julie Brook
ROLC-ASPA-2013/85
Code 274 Bridge Road WEST MACKAY QLD 4740
Conrad A Hope and Sherilyn Barnes
1 Higher Density Residential Lot into 2 Lots
Kathryn Goodman
Relevant Period Extended
MCUCD-IDAS-2007/524A
Code 21 Malcomson Street NORTH MACKAY QLD 4740
Addenbrooke Pty Ltd
Request to Change an Existing Approval - Permissible Change - Material Change of Use - 53 Multiple Dwelling Units - Extension of Relevant Period by 4 Years
Kathryn Goodman
Confirmed on Wednesday 5 June 2013
………………………………………
MAYOR
FINAL MINUTES WEDNESDAY 22 MAY 2013
MIN/22.05.2013 FOLIO 27581
APPENDIX / ATTACHMENTS
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MIN/22.05.2013 FOLIO 27685
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MIN/22.05.2013 FOLIO 27690
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MIN/22.05.2013 FOLIO 27691
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MIN/22.05.2013 FOLIO 27693