The meeting may be adjourned for a fifteen (15) minute segment to allow members of the public to address Committee on matters of public interest related to local government.

Declaration of Interest

In accordance with Local Government Act 1993:

“s.244 Exclusion from meeting of councillor with material personal interest

A councillor who has a material personal interest in an issue to be considered at a meeting of the local government, or any of its committees—

must disclose the interest to the meeting; and
must not be present at or take part in the meeting while the issue is being considered or voted on.

A councillor who is barred from a meeting under sub-section(1) must not be in the chamber where the meeting is being conducted, including any area set apart for the public”.

“s.246A Recording of conflict of interest

This section applies if a councillor of a local government has a conflict of interest, or could reasonably be taken to have a conflict of interest, in an issue being considered or to be considered at a meeting of the local government or any of its committees.
For subsection (1), a councillor has a conflict of interest in an issue if there is a conflict between the councillor’s private interest and the honest performance of the councillor’s role of serving the public interest.
The councillor must declare the conflict of interest to the meeting.
The local government must ensure the declaration is recorded in the minutes for the meeting.
The record must include—

the nature of the conflict of interest as described by the councillor; and
how the councillor dealt with the conflict of interest; and
if the councillor voted on the issue—how the councillor voted.

In this section—

conflict of interest, for a councillor in an issue, does not include a conflict of interest arising out of a material personal interest the councillor has in the issue.

private interest includes both pecuniary and non-pecuniary interests, and may include having received a donation to be used for electoral purposes”.

Motion To Alter The Order Of Business

The order of business may be altered for a particular meeting where the councillors at that meeting pass a motion to that effect. Any motion to alter the order of business may be moved without notice.

1 Corporate Services

1.1 DECEMBER 2007 - MONTHLY FINANCIAL REPORTS

Dataworks Filename: FM Monthly Financial Reports to Committee

Attachment: EOM Report [pdf 632.5kb]

File Name: BBBA DECEMBER 2007 MONTHLY FINANCIAL REPORTS.doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Kerry Phillips
Manager Financial Services

Author Name: Deborah Hall
Finance Officer

Executive Summary

Section 528(1) of the Local Government Act 1993 requires that Council’s statement of accounts be presented at an ordinary monthly meeting.

The attachments to this report present the interim December 2007 financial statement of accounts to Council and provide detailed analytical commentary.

Six of the seven Key Financial Performance Indicators exceeded targets set at the beginning of the financial year. These were:

level of dependence on general rate revenue;
ability to pay our bills – current ratio;
cash balance;
cash balances – cash capacity in months;
longer term financial stability – debt to assets ratio;
operating performance.

The indicator which fell outside the target range is the debt servicing ratio. The debt servicing ratio of 24.4% for December was well outside the target level of under 17% due entirely to the early payment of QTC loan instalments. This indicator is expected to fall back within comfort levels before the end of the financial year.

The operating financial result (Earnings Before Interest, Tax and Depreciation – EBITD) is ahead of budget by $3.7 million, with operating expenditure favourable by $3.9 million and operating revenue unfavourable by $0.2 million.

Capital expenditure is $3.8 million behind budget expenditure levels at the end of December.

The cash flow position for the year is behind forecast levels by $5.5 million at the end of December 2007.

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Purpose

The purpose is to present the December 2007 report to Council and explain the content and analysis of the report. Section 528 of the Local Government Act 1993 requires the Chief Executive Officer of a local government to present statements of its accounts to the local government.

Background

The Corporate Plan contains a strategic priority to ensure the long term financial viability of the Shire and provide public accountability in financial management. For organisational effectiveness, it is important that Council receive and understand the monthly financial statements.

Issues

The following elements, shown in the attachments, comprise the interim End of Month Financial Reports for December 2007:

Corporate Financial Report Card (A)

Operating Revenue compared with Budget;
General Operating Costs compared with Budget;
Capital Expenditure compared with Budget;
Cash Position; and
Employee Costs compared with Budget.

Report Card Analysis (B)

Classifies variances between revised budget and actual results as being either timing or permanent variances as well as favourable or unfavourable. Timing variances are anticipated to evaporate once 30 June 2008 figures are produced. Permanent variances imply the variance will remain into the next financial year.

Council Financial Report 1 (C)

Shows the percentage variance of year to date actual results compared with year to date budget by colour indicators.

Council Financial Report 2 (D)

Shows year to date actual results compared with annual and year to date budgets. This report has a brief commentary on all year to date variances greater than $20,000.

An Operational Statement by Strategic Priority (E); a Balance Sheet (F), an Investment Summary (G), a Statement of Cash Flows (H), Financial Stability Ratios Report (I), Community Benefit Fund Report (J), Type III Business Activities Report (K) and a Quarterly Operational and Capital Projects Report (L) have been included to provide the complete picture of Council’s finances.

Relationship to Corporate Plan

The recommendation in this report primarily supports Council’s strategic priority to support the organisation’s capacity to deliver services to the community by building a skilled, motivated and continually learning workforce, ensuring assets and finances are well managed, corporate knowledge is captured and used to best advantage, and that services are marketed and communicated effectively.

Financial Implications

The overall financial position remains strong with EBITD of $22.6 million ($3.7 million ahead of budget). This result is due to total operating revenue of $78.8 million ($0.2 million behind budget) and total operating costs of $56.2 million (favourable variance of $3.9 million).

The capital expenditure program is $3.8 million behind targeted expenditure levels at the end of December.

The investment of surplus funds for the month returned a weighted average rate of return of 6.82% that compares unfavourably to the benchmark UBS Australia Bank Bill Index of 6.88%. These returns are reported on a monthly weighted average return. In turn Council benchmarks the funds against the UBS Australia Bank Bill Index. Interest return is reported on both an annual effective and nominal rate of return. Council’s effective interest rate of return exceeded the benchmark figure for December, although on a YTD basis it is slightly below due to the volatility of world markets.

The Cash Enhanced Funds have now under performed for 5 of the last 6 months due to the uncertainty of world financial markets. A reduction was made in these types of investments mid-September 2007. A further decision was made in December 2007 to transfer the balance in the Q I C Cash Enhanced Fund to the QTC Cash Fund and the situation to be kept under review during the coming months.

The cash balance exceeds the target range of $32 million to $42 million at $51.5 million, equivalent to 4.9 months cash capacity. The balance is behind the YTD budget due to the large QTC repayments made in December.

Planning Scheme Implications

It is considered that the outcome of recommendations in this report will not require any amendments to the Redlands Planning Scheme.

Consultation

Consultation has taken place amongst the Executive Leadership Group.

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Options

Preferred

That Council note the End of Month Financial Reports for December 2007 and explanations as presented in the attachments.

Alternative

That Council requests additional information.

Officer’s Recommendation

That Council resolve to note the End of Month Financial Reports for December 2007 and explanations as presented in the following attachments:

Corporate Financial Report Card;
Report Card Analysis;
First Council Financial Report;
Second Council Financial Report;
Operational Statement by Strategic Priority;
Balance Sheet;
Investment Summary;
Statement of Cash Flows;
Financial Stability Ratios Report;
Community Benefit Fund Report;
Type III Business Activities Report; and
Quarterly Operational and Capital Projects report.

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1.2 EXTERNAL AUDIT MANAGEMENT REPORT FOR YEAR ENDED 30 JUNE 2007

Dataworks Filename: FM Audit

Attachment: Audit Management Report 2006/07 [pdf 619.9kb]

File Name: BBEA EXTERNAL AUDIT MANAGEMENT REPORT FOR YEAR ENDED 30 JUNE 2007 .doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Ray Turner
General Manager Corporate Services

Author Name: Kerry Phillips
Group Manager Financial Services

Executive Summary

Under s.530(4) of the Local Government Act 1993 the management report provided to Council in relation to the annual external audit of the financial statement must be tabled for noting by Council.

It is recommended that Council note the external audit management report for the 2006/2007 year, as attached.

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Purpose

The purpose of this report is for Council to note the external audit management report for the 2006/2007 year, as attached.

Background

Under s530(4) of the Local Government Act 1993 the management report provided to Council in relation to the annual external audit of the financial statement must be tabled for noting by Council.

The Redland Shire Council final audit for 2006-07 has been completed and the general purpose financial statements have been audited and certified without qualification. The statements have been included as audited in the Council’s Annual Report.

Issues

A number of issues have been brought to management’s attention for subsequent action. The risk attached to these issues has been assessed as moderate. Management comments have also been provided in the final report as attached.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to ensure the long term financial viability of the Shire and provide public accountability in financial management.

Financial Implications

Nil

Consultation

Consultation in reaching the final version of this report was between the audit staff, Group Manager Financial Services, Service Manager Corporate Asset Information Team, Service Manager Financial Reporting, Group Manager Human Resources, Group Manager Internal Audit, General Manager Corporate Services and the CEO.

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Officer’s Recommendation

That Council resolve to note the external audit management report for the 2006/2007 year as attached.

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1.3 Purchase of electricity

Dataworks Filename: FM Tenders - Supply Services

Attachment: Proposed Green Energy Sites [pdf 12.3kb]

File Name: BEC Purchase of electricity.doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Brian Lewis
Manager Corporate Acquisitions Fleet and Facilities

Author Name: Jillian Jones
Procurement Coordinator

Executive Summary

The current contract for electricity on Councils largest 13 consuming sites (1021-2005-CAF) expires 31 July 2008. Redland Shire Council is intending to approach the market as a collaborative group with seven South East Queensland Councils for the purchase of electricity for these sites.

There is an existing contract for low consumption sites in place (previously tendered in 2007 by six SEQ Councils) which allows Council to transfer its 252 low consumption sites from the current default arrangement to the contract market also.

It is possible to achieve savings on the current purchase price by moving these 252 sites onto the existing arrangement in place.

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Purpose

To seek Council approval:

1. To delegate the Chief Executive Officer the power to approve the award of the RSC component of the Electricity tender (including water and waste water sites) being completed collaboratively with other SEQ Councils.

2. To transfer the low consumption sites (including water and waste water sites) to the existing SEQ local government contract in place with Integral Energy at an estimated cost of $389,440 incl GST per annum expiring 22 August 2010. The estimated cost of entering this contract is $908,692 incl GST based on current consumption figures for two (2) years and four (4) months commencing April 2008.

Background

Delegation – high consumption sites

A collaborative group has been set up for the purchase of electricity for large consuming sites in the contestable market involving the following Councils as well as Redland Shire:

Maroochy Shire
Redcliffe City
Pine Rivers Shire
Caboolture Shire
Caloundra City
Noosa Shire
Ipswich City Council

The proposed tender advertisement date is 2 February 2008 closing on 17 April 2008, the pricing validity period for electricity tenders is seven days and therefore award will need to be made on 23 April 2008. This timeframe is too tight to allow for the Council resolution process and therefore requires the Chief Executive Officer to be delegated the power to award the contract.

The value of the contract at this time is unknown and dependant on a number of variables–

Of the current 13 sites, there are 4 RSC sites, 3 Water Treatment Plants, 5 Waste Water Treatment Plants and 1 reservoir. The dates for the transfer of water and waste water assets will directly impact on the value of the contract as Council’s liability changes based on Council/State ownership.
The term of the contract will be decided based on an evaluation of the offers received with the most advantageous term selected – dependant on offers received.
The tariff to be paid is unknown at this stage until the market has been approached.
As an indication the current contract value is $1.7 million per annum. Approximately twenty percent of this is RSC sites with the other eighty percent attributed to RWW. The market price has risen in excess of forty percent since this arrangement was entered.

Contract – low consumption sites

There are currently 252 sites (including water and waste water sites) that can be transferred to the current collaborative contract. By transferring these sites $66,640 incl GST can be saved over the two year four month term of the agreement. This figure is calculated on the current default tariff paid by council compared to the contract price on offer by transferring to the collaborative agreement.

These savings can be utilised by the purchase of green power to assist in Councils Cities for Climate Protection target. Rather than purchasing a flat percentage of renewable energy eg. 5% it would be more appropriate to purchase 100% green power at certain high profile sites eg BBQ’s, Caravan Parks, and minor libraries (Attachment 1). This gives an option to install signage advising that Council is powering the site with 100% renewable energy. There may be a small number of additional BBQ’s/amenities blocks added to this list in the finalisation of savings. In order to ensure that only the contract savings are utilised for this, the budgets for these 252 sites for 2008/09 would need to be prepared for upload by Supply Services in line with the contract arrangements.

There will be 14 remaining sites that will require further investigation to source the best available franchise tariff as they have been identified as not cost effective to move to the collaborative arrangement. Pricing for these sites will be investigated once the other sites have been finalised.

When the assets transfer to the State, the contract for each individual site transfers also, by the Council’s entering a collaborative arrangement the State will benefit from the Council’s contracts expiring in line with each other. All Councils will benefit from the inclusion of their Water and Waste consumption figures in the market approach, with this pricing in place for the term of the contract.

Issues

Council is exempt from tendering for the 252 sites under Section 486 (I) (f) (ii) as the contract is made with, or under an arrangement with or made by the State, a government entity, a local government owned corporation, the Brisbane City Council or another Local Government.

By completing this tender collaboratively and transferring sites to the existing collaborative contract Council will benefit from the greater purchasing power achieved through higher consumption levels. There is also a benefit in lower consultancy fees for the completion of the tender as these costs are shared amongst the collaborative group.

Elizabeth Sciberras of Energetics, an external Energy Consultant who Council have engaged previously to assist with tendering in the electricity market, has advised that better pricing will be achieved by entering a collaborative arrangement rather than going to market in our own right.

Relationship to Corporate Plan

The recommendation in this report primarily supports Council’s strategic priority to support the organisation’s capacity to deliver services to the community by building a skilled, motivated and continually learning workforce, ensuring our assets and finances are well managed, our corporate knowledge is captured and used to best advantage, and that we market and communicate our services effectively.

Financial Implications

It is expected that there will be significant impact on the large consumption site pricing due to the spiralling costs of electricity since the previous contract entered 3 years ago. An estimate of the increase will be supplied to finance for inclusion in the budget preparation statistics, with the final figure available for upload at the end of April, prior to the final adoption of the 2008/09 budget.

Consultation

Consultation has occurred with:

Gary Soutar General Manager Redland Water and Waste

Agreement to include RWW sites in the two contracts

Warren Mortlock Senior Advisor Environmental Protection

Agreement to purchase of renewable energy

Mick Fullelove Maroochy Shire Council Sustainable Business Coordinator

Analysis of consumption data, tariffs and collaborative tender

Greg Jensen Manager Customer and Community Services

Agreement on site options to be included in 100% renewable energy purchase

Neil Kesur Manager Operations and Maintenance (higher duties)

Agreement on site options to be included in 100% renewable energy purchase

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Options

Preferred

That Council resolve as follows:

To delegate the Chief Executive Officer the power to approve the awarding of the RSC component of the Electricity tender (including water and waste water sites) being completed collaboratively with other SEQ Councils;
To transfer the low consumption sites (including water and waste water sites) to the existing SEQ local government contract in place with Integral Energy at an estimated cost of $389,440 incl GST per annum expiring 22 August 2010. The estimated cost of entering this contract is $908,692 incl GST based on current consumption figures for two (2) years and four (4) months commencing April 2008.
To consider utilising any savings accrued from entering into the collaborative electricity arrangement, by increasing the percentage of green energy used at high profile sites, at the next budget review.

Alternative

That Council resolve as follows:

Officer’s Recommendation

That Council resolve as follows:

To delegate the Chief Executive Officer the power to approve the awarding of the RSC component of the Electricity tender (including water and waste water sites) being completed collaboratively with other SEQ Councils;
To transfer the low consumption sites (including water and waste water sites) to the existing SEQ local government contract in place with Integral Energy at an estimated cost of $389,440 incl GST per annum expiring 22 August 2010. The estimated cost of entering this contract is $908,692 incl GST based on current consumption figures for two (2) years and four (4) months commencing April 2008; and
To consider utilising any savings accrued from entering into the collaborative electricity arrangement, by increasing the percentage of green energy used at high profile sites, at the next budget review.

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1.4 REDLAND SHIRE COUNCIL NAME CHANGE

Dataworks Filename: CR Corporate Image - Redland City Council

File Name: BAA REDLAND SHIRE COUNCIL NAME CHANGE.doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Kathy Petrik
Manager Marketing & Communications

Author Name: Jennifer Munoz
Principal Advisor Marketing & Communications

Executive Summary

In its submission to the Local Government Reform Commission in 2007, Redland Shire Council proposed a name change to Redland City Council, reflecting the size and diversity of the Redlands.

The Commission approved the name change and enabling legislation has now been enacted. The new name will apply from 15 March 2008, the date of the next local government elections.

Ultimately all Council materials, products and services will bear this name, but the changeover will be progressive to ensure cost-effectiveness and minimal waste. Priority for changes is being given to ‘flagship’ items and those with a compliance element.

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Purpose

To seek Council’s approval for the progressive implementation of branding for the new Redland City Council.

Background

It was determined at the outset that the corporate logo would be simply updated by changing the typography from “Shire” to “City”.

The Marketing and Communications Group liaised with all Council departments to identify needs, priorities, scheduling and any related costs to ensure an effective and coordinated transition.

All internal and external materials were audited by Council departments to ascertain materials needing change at some point. This included the corporate seal, registered trademarks, signage, uniforms, printed and online materials.

Each department highlighted items that needed to be in place by March 2008 and specified existing external materials that needed to be reordered before the changeover date.

Updating logo

Following approval by the CEO of artwork for the logo wording change from Redland Shire Council to Redland City Council, refreshed artwork and style manuals (corporate, RWW, More2redlands and signage visual standards) were prepared by the Marketing and Communications Group in various formats for later use in all print and electronic materials, signs and uniforms.

Signage

Council has approximately 1725 signs on its parks database. Of these, 640 are still in the former advisory design and are being replaced with new compliance signs. As these signs had already been procured, they will now carry a decal with Redland City Council over the RSC identity.

Lettering will be changed on Council’s Cleveland Administration Building above the entrance under the Shire crest and internally in all customer service areas in the week leading up to 15 March. Most of this will be achieved through overlay stickers.

A range of robust decals that will be applied as an overlay will be produced to update other signs, progressively replacing Redland Shire Council with Redland City Council throughout the Redlands.

Vehicle stickers

New UV-treated stickers are being produced for Council vehicles as a priority as these are frontline carriers of Council’s branding.

Uniforms

The four suppliers of council uniforms have the new artwork and will introduce it in materials produced from February 2008. The main impact will be seen in the new financial year, when most staff re-order garments for the following 12 months.

Stationery

Liaison has occurred with officers responsible for stationery orders and they will ensure that stocks ordered from February will carry the updated corporate identity. Existing stocks of business cards, for example, will be allowed to run out before replacement, unless specifically requested, e.g. by ELG members.

Related modifications will be prepared for the suite of mayoral/councillor stationery and items will be ready after the election.

Websites

The web is a major source of Council information and both the corporate and the “More to” websites will be updated to include the amended corporate identity. This includes all external forms, internal and external templates, electronic newsletters, software templates.

Domain name

The corporate email address - rsc@redland is widely used on the web and in print materials. A new address has been registered - rcc@redland, but the current one will be ‘masked’ and retained for a considerable time to ensure emails sent to the old Council address continue to be received seamlessly.

Issues

It is impractical to consider holistic name and ‘look’ changes for all Council items in March. This is likely to occur over the next 18 months or so. The initial focus is on frontline services and identification eg customer service centres.

Changeover schedule

ITEM	TIMING
Admin. Building sign	13 March 2008 (proposed media photo opportunity)
Customer service/library internal signs	Commencing 10 March
Council vehicle ID	In place by 15 March
Council stationery	All orders from February 2008
Mayoral/councillor stationery	Shells prepared by March 2008, for completion post-election
Parks sign updates	From late Jan 2008 - ongoing
Uniforms	From 15 March (with new artwork on all 2008 orders)
Web	In-house reviews; progressive updates (ongoing)
Graphics	Revised style manuals completed Jan. 2008; ongoing implementation in new materials
Staff ID updates	All staff should change email signature information, with RCC applying from 17 March

Relationship to Corporate Plan

The recommendation in this report primarily supports Council’s strategic priority to enhance employment participation and the community’s standard of living through encouraging economic development opportunities.

Financial Implications

No additional budget allocation is required for this project.

There are minimal financial implications for Council, with most revised materials being produced in line with normal schedules eg stationery/uniform orders, incorporated into existing projects or provided by in-house staff as part of normal budgets.

The biggest impact is on staff time for design and updating materials in the Marketing & Communications Group. Graphic and web designers and web content administrators are primarily involved in the changeover. All work to date (approximately 62 hours) has been carried out within the normal budget allocations.

It is anticipated it will take approximately three weeks to undertake reviews, programming and content change for websites.

The following additional costs have been identified:

UV-treated vehicle stickers (2000) $5582.00
URL registration $250.00
Sign stickers eg customer service,

libraries, parks and streetscapes $2000.00

New lettering for Administration Building

(legally required to denote place of business) $5000.00 (TBC)

Consultation

All Council groups have been consulted in developing a comprehensive list of items with Council branding. Additional consultation has occurred with the Chief Executive Officer, General Manager Corporate Services and Council service providers.

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Options

Preferred

That Council resolve to approve the progressive implementation of branding for the new Redland City Council.

Alternative

That Council resolve not to approve the progressive implementation of branding for the new Redland City Council.

Officer’s Recommendation

That Council resolve to approve the progressive implementation of branding for the new Redland City Council.

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1.5 CLEVELAND LIBRARY RESTAURANT

Dataworks Filename: P163335

File Name: BEA CLEVELAND LIBRARY RESTAURANT.doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Brian Lewis
Manager Corporate Acquisitions Fleet & Facilities

Author Name: Merv Elliott
Property Services Manager

Executive Summary

The lease of the Cleveland Library Restaurant has been surrendered due to the default by the Lessees.

Under the provisions of the Local Government Act 1993, Council is required to call tenders for the re-leasing of the premises.

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Purpose

The purpose of this report is to obtain Council approval to call tenders for leasing of the subject premises for a 5 year term.

Background

The current Lessee was granted a lease over a portion of the ground floor of the Library building to operate a restaurant. The lease was for the period 2 February 2007 to 9 May 2009.

The Lessee has breached the existing lease due to non payment of rent. As a consequence, the lease has been formally cancelled by Council and in order to relet the premises, tenders need to be called to obtain the best outcome for Council.

Issues

Due to a breach of conditions the present lease has been terminated by Council. The lessee, operating as El Majito is still trading. The Lessee has requested exemption from fulfilling their obligations under the previous lease for the period 1 February 2008 to 9 May 2009. All outstanding rental will be recovered by Council up to 1 February 2008.

In order to relet the premises Council is required to call tenders. It is proposed that the new lease term be for a period of 5 years with a stipulated yearly rental to be increased by 5 % per annum or CPI increases, which ever is the greater.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to enhance employment participation the community’s standard of living through encouraging economic development opportunities.

Financial Implications

There may be some loss of rent until the premises are relet. At the present time Council receives $5,000 per calendar month. It is quite possible that up to 3 months rent may be lost due to the tendering process which is unavoidable. It is not considered to be a viable option to attempt to recover this rent from the present Lessee.

Consultation

The Property Services Manager has consulted with Council’s Legal Advisors.

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Options

Preferred

That Council resolve to:

Grant approval for tenders to be called for the leasing of the library restaurant premises for a 5 year term.
Agree to waive lease rental obligations in respect to the previous lease for the period 1 February 2008 to 9 May 2009.
Delegate authority to the Chief Executive Officer to enter into a new lease agreement with the successful tenderer.
Delegate authority to the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

Alternative

That Council do not call tenders for the leasing of the subject premises in order to use them for Council purposes.

That Council pursue the recovery of all rental due under the existing lease.

Officer’s Recommendation

That Council resolve to:

Grant approval for tenders to be called for the leasing of the library restaurant premises for a 5 year term;
Agree to waive lease rental obligations in respect to the previous lease for the period 1 February 2008 to 9 May 2009;
Delegate authority to the Chief Executive Officer to enter into a new lease agreement with the successful tenderer; and
Delegate authority to the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

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1.6 Mining Application - North Stradbroke Island - Lot 46 SL2482 (Quarry reserve 1671)

Dataworks Filename: P101367

File Name: BEA Mining Application Nth Stradbroke Is Lot 46 SL2482 Quarry reserve 1671 .doc Approved By jj This line will not be printed do not delete

Attachment: Site Plan & DNRM Approval [pdf 227.1kb]

Responsible Officer Name: Brian Lewis,
Manager Corporate Acquisitions Fleet & Facilities

Author Name: Merv Elliott
Property Services Manager

Executive Summary

Council hold in trust from the Crown, quarry reserve 1671, lot 46 SL2482 situated on North Stradbroke Island. In the 1970’s a stockpile of black sand (ilmenite) was placed on the land. The stockpile was left behind after the area was mined. The stockpile covers an area of 500m²adjacent to an unsealed part of George Nothling Drive and is located approximately 1 kilometre from the nearest dwelling.

Green Coast Resources Pty Ltd has made application to various Government authorities to remove the stockpile which is considered to be a contaminant. The Environmental Protection Agency (EPA) has granted a Standard Environmental Authority (Mining Activities) under the Environmental Protection Act 1994 subject to certain conditions.

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Purpose

To recommend to Council that approval be granted for an agreement to be entered into with Green Coast Resources Pty Ltd in respect to the removal of the stockpile from lot 46 SL2482.

Background

As owner in trust of the subject land on which the stockpile is located, Council is required to enter into an agreement with Green Coast Resources Pty Ltd setting out conditions considered relevant to protect Council’s interest in respect to the proposed removal of the stockpile. Green Coast Resources Pty Ltd will also need to abide by the conditions applicable to the removal from the various Government agencies including E.P.A and Department of Natural Resources Mines and Water.

Issues

Quarry Operations

The removal of the stockpile will not impact on Council’s quarry activities and once the stockpile is removed the mining licence will be extinguished.

Compensation

Council is not entitled to the value of the materials in the stockpile. Under the provisions of the Mineral Resources Act 1989 – 1990, Council is only entitled to compensation for deprivation of possession of the surface of the land, during the mining operation.

Rehabilitation of Site

Green Coast Resources Pty Ltd will be required to rehabilitate the site after removal of the stockpile to the satisfaction of Council and all requirements relating to re-vegetation in accordance with Council’s Vegetation Enhancement Strategy which will also include consultation with Point Lookout Land Care Group and Quandamooka CDEP.

Truck Movements

It is proposed the activity will operate 7 days per week with a maximum of 2 truck trips per day.

Proposed Sewerage Works

Green Coast Resources have agreed to pay all costs that may be incurred should any re-design of Council’s proposed sewerage infrastructure be required.

Timing

Removal of the stockpile will take approximately 12 months (10,000.00 tonnes)

Integrated Planning Act

Advice has been received that the application to mine does not trigger a development application. (Schedule 8, table 2, item 1 of IPA.)

Conclusion

It is considered that Council should grant approval for the removal of the stockpile of Ilmenite from Council Land described as lot 46 SL2482. This will allow the removal of an ugly stockpile that is a declared contaminant.

Consultation

Property Services Manager has consulted with the Development Coordinator Service Manager, Manager Environmental Management, Operations & Maintenance Manager and Technical Support Manager Redland Water & Waste.

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Relationship to Corporate Plan

This recommendation in this report primarily supports Council’s strategic priority to enhance employment participation and the community’s standard of living through encouraging economic development opportunities.

Financial Implications

The proposal will be at no cost to Council.

Options

Preferred

That Council resolve to:

Delegate authority to the Chief Executive Officer to enter into an agreement with Green Coast Resources Pty Ltd for compensation and conditions of rehabilitation in relation to the removal of the stockpile on Lot 46 SL2482; and
Delegate authority the Mayor and Chief Executive Officer to sign and seal all relevant documentation.

Alternative

That Council does not grant approval to the proposal.

Officer’s Recommendation

That Council resolve to:

Delegate authority to the Chief Executive Officer, approval to enter into an agreement with Green Coast Resources Pty Ltd for compensation and conditions of rehabilitation in relation to the removal of the stockpile on Lot 46 SL2482; and
Delegate authority to the Mayor and Chief Executive Officer to sign and seal all relevant documentation.

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2 Customer Services

2.1 Delegation to Chief Executive Officer Under Public Health Act 2005

Dataworks Filename: GOV Delegations – LGA s.472

File Name: CBDB Delegation to Chief Executive Officer Under Public Health Act 2005 .doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Timothy Donovan
Manager Assessment Services

Author Name: Joseph Casabella
Acting Team Leader Health & Environment

Executive Summary

This report proposes that Council delegate it’s administrative and enforcement powers under the Public Health Act 2005 and Public Health Regulation 2005 to the Chief Executive Officer, who would then delegate this power to a nominated and suitably qualified and experienced Council officer.

The alternative is that Council would, by resolution, need to administer the Act and Regulation by appointing authorised persons to enforce the provisions of the Act and Regulation, and approve certain enforcement action against businesses or individuals.

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Purpose

To recommend that Council delegate its authority to the Chief Executive Officer to administer the Public Health Act 2005 and Public Health Regulation 2005.

Background

The Health and Environment Unit, within the Assessment Services Group, is responsible for administering public health and environmental legislation on behalf of Council. The Public Health Act 2005 was passed by the Queensland Parliament in November 2005, with the intent of replacing the previous Health Act 1937. The official commencement of various provisions of the Public Health Act 2005 affecting Local Government was intended to be phased in over a 2 year period. On 18 June 2007, the provisions affecting Local Governments commenced. Section 13 of the Act requires Local Government to administer and enforce the Act within its local government area.

This report provides for the delegation of primarily administrative powers associated with the Public Health Act 2005 and Public Health Regulation 2005. The proposed delegation allows the Chief Executive Officer to administer and enforce compliance with this legislation. The delegation to the Chief Executive Officer would then be further delegated to the Health and Environment Team Leader or other suitably qualified and experienced Officer under section 1132 of the Local Government Act 1993 to undertake this function.

Issues

The purpose of the Public Health Act 2005 and Public Health Regulation 2005 is to protect and promote the health of the Queensland public. In particular Local Governments are responsible for managing and mitigating certain Public Health Risks within the community.

For Local Government, the purpose is to be achieved by –

(a) Preventing, controlling and reducing risks to public health in residential areas (non- workplace or commercial activities); and

(b) Preventing and controlling public health risks in relation to mosquitoes; and

(d) Preventing and controlling public health risks in relation the dispersal or release of asbestos fibres in non workplace areas; and

(e) Providing for compliance with the Act to be monitored and enforced.

A number of Public Health Risks are provided in the Act and Regulation that are similar to the previous provisions covered under the now repealed Health Act 1937. The primary means of regulating the provisions of both the Act and Regulation is in the form of a Public Health Order.

A public health order may require a person to do something at a place that is —

Reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and / or a public health order may require a person to do any of the following at the place —

(a) Clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order;

(b) Carry out insect or pest control at the place in the way stated in the order;

(d) Remove stated material or items from the place to another place stated in the order in the way stated in the order;

(e) Dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items;

(f) Destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order;

(g) Stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.

However, the major unresolved issue that remains relates to the administration and enforcement of Asbestos in non- workplace areas.

In early negotiations on this matter with Queensland Health, the LGAQ identified a lack of commercially available insurance cover for Councils for public liability and professional indemnity risks arising from their role in enforcing asbestos provisions in the Act. Subsequently, the State has offered to Councils a “State Indemnity”.

Another issue identified in the legislation was a lack of clarity in some areas of asbestos management, particularly in relation to a do-it-yourself home handyman working with more than ten square metres of asbestos in a non-workplace setting. It was determined that this matter would be resolved with an Agreement under Section 14 of the Act which would outline the responsibilities of both State and Local Government.

Over the past few months, the LGAQ has been endeavouring to secure, for the benefit of Queensland Councils, both the indemnity agreement and the Section 14 agreement. The first drafts of these agreements were submitted to the LGAQ on 5 June 2007.

At present, it is the LGAQ’s view that the only way for both agreements to be effective is for individual agreements to be signed by each Council and Queensland Health (who will sign on behalf of the State). Councils and Queensland Health will then need to sign and return the documents prior to the indemnity being offered by the State becoming effective.

Section 1123 of the Local Government Act 1993 requires that Councils maintain public liability and professional indemnity insurance for any activities undertaken. Accordingly, the recommendation from LGAQ is that Councils should not endeavour to undertake enforcement of any provisions of the legislation relating to asbestos in a non-workplace setting, until such time as an Indemnity Agreement with Queensland Health is signed.

In the interim, and where Council receives notification or complaints regarding asbestos in non-workplace areas, Queensland Health have provided mechanisms where the Chief Executive Officer or an authorised delegate of the Council can enter into an agreement with the Queensland Health Director of Environmental Health requesting Queensland Health to investigate the complaint under Section 14 of the Public Health Act 2005.

Planning Scheme Implications

It is considered that the outcome of recommendations in this report will not require any amendments to the Redlands Planning Scheme.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to build safe, strong and self reliant communities with access to community services, infrastructure and opportunities for participation in community life.

Financial Implications

There are no direct financial implications as a result of this delegation.

Consultation

The Manager Legal Services and the Senior Advisor - Environmental Health were consulted on this matter and agree that delegated authority to the Chief Executive Officer would be the preferred option.

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Options

Preferred

That Council resolve, under section 472 of the Local Government Act 1993, to delegate to the Chief Executive Officer:

1. The authority to exercise the powers and responsibilities relating to the sections 24, 27, 31, 32, 36, 388, 393, 406, 407, 433 of the Public Health Act 2005; and

2. The ability to sub-delegate the authority to exercise these powers and responsibilities to appropriate officers of Redland Shire Council.

Alternative

That Council, by resolution, makes decisions on the administration of this legislation – including the appointment of officers and enforcement action against business or individuals.

Officer’s Recommendation

That Council resolve, under section 472 of the Local Government Act 1993, to delegate to the Chief Executive Officer:

1. The authority to exercise the powers and responsibilities relating to sections 24, 27, 31, 32, 36, 388, 393, 406, 407, 433 of the Public Health Act 2005; and

2. The ability to sub-delegate the authority to exercise these powers and responsibilities to appropriate officers of Redland Shire Council.

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2.2 PROPOSED ROAD OPENING FROM LOT 14 ON CP903658

Dataworks Filename: 45353

File Name: CEA PROPOSED ROAD OPENING FROM LOT 14 ON CP903658.doc Approved By jj This line will not be printed do not delete

Attachments: Proposed New Road North East Corner of Wellington and South Street, Cleveland [pdf 160.5kb]

Responsible Officer Name: Paul Powell
Survey Services Manager

Author Name: Michelle Steel
Survey Administration Officer

Executive Summary

Due to the proposed intersection improvements at Wellington and South Streets, Cleveland, a road opening is required to facilitate the roundabout upgrade. A truncation of 25m² will be required from Lot 14 on CP903658 (Council’s South Street Depot).

The roundabout upgrade will allow for improvements in traffic flow and safety as well as allowing a safe pedestrian walkway.

In addition, it is recommended that the Mayor and Chief Executive Officer be authorised to sign and seal all relevant documentation in accordance with the Land Title Act 1994.

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Purpose

To seek Council approval to dedicate approximately 25m² of Lot 14 on CP903658 to road as shown on drawing No A2-S7-1-1 pursuant to Section 51 of the Land Title Act 1994.

Background

As part of the 2007/2008 Roadworks Program, the construction of a new roundabout and additional lanes at the intersection of Wellington and South Streets will be completed. The new roundabout will allow for safe sight distances and a safe pedestrian walkway.

To construct the roundabout to Council and State standards, additional land will be required from Lot 14 on CP903658. The required road opening will consist of a 10m, three chord truncation (approximately 25m²).

Issues

In order to facilitate the roundabout it is proposed to dedicate 25m² as road from the Council owned Lot 14 on CP903658.

The widened road reserve will improve pedestrian movements and accommodate any new services or existing service changes that may be required.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to provide and maintain water, waste services, roads, drainage and support the provision of transport and waterways infrastructure.

Financial Implications

It is anticipated that the survey and legal costs associated with the proposed new road land action will be $3000. This land action will need to proceed to facilitate the intersection works and the budget will be allocated from the Capital Works project funding.

planning scheme implications

The Land Use Planning Group was consulted and it is considered that the outcome of recommendations in this report will not require any amendments to the Redlands Planning Scheme.

Consultation

Consultation has occurred with the following officers:

Manager Infrastructure Planning
Manager Customer Service and Business Performance
Property Services Manager
Service Manager of Development Coordination
Principal Senior Design Technician
Registered Surveyor

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Options

Preferred

That Council resolve as follows:

To dedicate part of Lot 14 on CP903658 as road under Section 51 of the Land Title Act 1994; and
That the Mayor and Chief Executive Officer be delegated authority to sign and seal any documentation relating to these matters.

Alternative

That Council resolve to not dedicate the land as road, resulting in the roundabout not being constructed to Council standards.

Officer’s Recommendation

That Council resolve as follows:

To dedicate part of Lot 14 on CP903658 as road under Section 51 of the Land Title Act 1994; and
That the Mayor and Chief Executive Officer be delegated authority to sign and seal any documentation relating to these matters.

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3 Planning and Policy

3.1 MONTHLY BALANCED SCORECARD REPORT FOR DECEMBER 2007

Dataworks Filename: Gov - Corporate Balanced Scorecard Monthly Report to Committee

Attachment: Corporate Balanced Scorecard Report December 2007 [pdf 643.3kb]

File Name: DFAA MONTHLY BALANCED SCORECARD REPORT FOR DECEMBER 2007.doc Approved By jj This line will not be printed do not delete

Responsible Officer Name: Warren van Wyk
Manager Corporate Planning Performance & Risk

Author Name: Jenny Forbes
Senior Projects Adviser

Executive Summary

The monthly Corporate Balanced Scorecard report, as attached, provides a high level overview of Council’s performance in key areas of Council business.

This report provides the performance results and comments for the month of December 2007. Performance is shown in one of four ranges: Outstanding (green), above standard (yellow), satisfactory (orange) or unsatisfactory (red). The overall rating for each Perspective is determined by the relative weightings of each KPI it includes.

The overall rating for Redland Shire Council for the month of December is Above Standard.

Purpose

To provide Council with the Corporate Balanced Scorecard report for the month of December 2007.

Background

The performance management framework for Redland Shire Council includes the requirement for reports to Council on a monthly and quarterly basis as follows:

The monthly Corporate Balanced Scorecard (BSC) report to Council of overall organisational performance. This report comprises a concise set of high level KPI’s that have been developed to reflect organisational performance against financial, customer, internal/business processes, and people and learning perspectives. This report provides Council with a monthly snapshot on how the organisation is performing in key areas of our business.
A more detailed quarterly operational plan performance report that focuses on performance at a program level. This report comprises a summary of performance against all KPI’s and more detailed comments from Managers about performance that falls above or below an acceptable range.

Issues

The following comments provide an overview of performance under each scorecard perspective and the associated key performance indicators.

Financial Perspective

December Rating: Outstanding

Proven Earnings Before Interest Tax & Depreciation (EBITD) Savings to Budget (weighting 20%) rated at the outstanding level, with a budget of $18.8 million actual $22.6 million. The favourable variance is mainly due to timing issues with goods and services. Full details are provided in the monthly finance report.

Cash Levels Within Targets (weighting 8%) rated in the above standard range with the result of 4.9 months being a seasonal improvement on last months result of 6.3 months.

The Capital Works Program Financial Performance KPI (weighting 12%) compares expenditure on finalised projects with budget. An outstanding result of 16.27% savings was achieved with the budget for completed projects so far this year (which are almost exclusively PDG projects) of $7,215,753 and actual expenditure of $6,041,899.

Customer Perspective

December Rating: Outstanding

Capital Works Program Practical Completion (weighting 15%) reports on the % of capital project milestones achieved compared to plan. PDG is currently managing 331 projects and has achieved 340 milestones against a target of 353. 73 projects have reached practical completion YTD. Redland Water and Waste is ahead of target with 23 milestones due and 26 achieved. In Corporate Services, Information Management and Corporate Assets, Fleet and Facilities are spot on target with 40 milestones achieved.

Compliance with the Australian Drinking Water Guidelines (ADWG, weighting 2.5%): Drinking water quality fully complied (100%) with all 4 key ADWG parameters: e-coli levels, turbidity, pH levels, and manganese levels.

Compliance with our EPA Licence for Wastewater (weighting 2.5%) currently rates as satisfactory, with no non-conformances during December.

Development Application Assessment Performance Index Timeliness (weighting 10%) achieved a satisfactory rating. This index reflects the performance of each of the 3 categories of applications - Integrated Commercial, Land Development and Development Assessment. Timeframes continue to be effected by resourcing issues.

Internal Perspective

December Rating: Outstanding

Asset Management Plans Actions Completed (weighting 7.5%) was above standard with 92% completed on time.

% of Internal Audit Actions Completed within agreed timeframes (weighting 7.5%), continues to rate as outstanding with 100% of audit recommendations completed on schedule.

People & Learning Perspective

December Rating: Unsatisfactory

% of Funded Workplace Health and Safety Management Plan Actions (weighting 10%) rated as unsatisfactory. Council is well into some of the actions related to milestones 4, 5 & 6 however milestone 3 has not been completed yet. This involves negotiating the interim audit with the Dept of WH&S, prior to sign-off by the CEO. This timing had not been factored in when the initial project milestones were set and this is the reason for the delay. Once milestone 3 is complete, because of the on-going work within the WH&S unit, we will be very close to being back on target for this KPI, and we will bring the KPI in on target for the year.

The Lost Time Injury Frequency Rate (weighting 5%) is expressed as a rolling 12 month average and rated as satisfactory. There were no recordable LTI's for December with the result showing a slight improvement over the 12 month period.

Relationship to Corporate Plan

The recommendation in this report primarily supports Council’s strategic priority to provide a clear organisational direction supported by effective leadership and a framework of policies, plans and strategies that are responsive to the community’s needs and which promote accountable and ethical standards of practice.

Financial Implications

No direct financial implications arise from this report. The report does contain several indicators that either reflects financial performance to date, or which will have had a direct or indirect impact on financial performance.

Planning Scheme Implications

It is considered that the outcome of recommendations in this report will not require any amendments to the Redlands Planning Scheme.

Consultation

The data and comments in the report were provided by relevant managers and were compiled by the Corporate Planning, Performance and Risk Group.

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Options

Preferred

That Council resolve to note the Corporate Balanced Scorecard for the month of December 2007, as attached.

Alternative

That Council resolve to note the Corporate Balanced Scorecard for December 2007 and request additional information.

Officer’s Recommendation

That Council resolve to note the Corporate Balanced Scorecard for the month of December 2007, as attached.

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4 General Business

In accordance with Subordinate Local Law No. 5 (Meetings), Council or Committee may, by resolution, set aside a period of time at any meeting for a 'general business' segment.

Meeting Closure