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 Redland Water and Waste

1.1 REDLAND WATER & WASTE COUNCIL BUSINESS UNIT REPORT – DECEMBER 2007

Dataworks Filename: WW Redland Water & Waste Committee
WM Redland Water & Waste Committee
WS Redland Water & Waste Committee

File Name: EDA REDLAND WATER WASTE COUNCIL BUSINESS UNIT REPORT DECEMBER 2007.doc Approved By To Be Completed This line will not be printed do not delete

Attachments: Business Unit Report - December 2007 [pdf 245.3kb]
Appendix A – Additional Water Quality Indicators [pdf 49.2kb]
Appendix B – Wastewater Treatment Plants
Supplementary Performance Information [pdf 34.6kb]

Responsible Officer Name: Gary Soutar
General Manager, Redland Water & Waste

Author Name: Gary Soutar
General Manager, Redland Water & Waste

Executive Summary

The Redland Water & Waste (RWW) Council Business Unit report is presented to Council for noting. The report provides the business unit’s performance for the month of December 2007 and covers financial and non-financial indicators for water, wastewater and waste.

It is expected that, most of the time the report findings will be “business as usual”. Where exceptions occur, these will be highlighted.

The report provides a regular opportunity for Council to consider the performance of RWW and to respond to any exceptional reporting.

Council is provided with the option to accept the report or, accept it and request additional information or a review of performance.

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Purpose

To report on the ongoing performance of the business unit against key performance indicators (KPIs).

Background

RWW’s performance plan identifies KPIs for which performance targets have been agreed with Council. Reporting is done each month through the RWW Committee.

Issues

The report is provided to Council as a means of monitoring the performance of RWW for the activities of water, wastewater and waste.

The first part of the report comprises a “snapshot” of the business unit’s achievement in meeting KPIs (year-to-date) and financial report card.

The report then provides specific financial report and commentary, capital expenditure (graphically) and a detailed customer overview.

The main body of the report focuses on actual levels of achievement against the KPIs for the month. Where exceptions have occurred and targets not met, an explanation is given as well as action taken to improve performance.

The report closes with a summary of the major issues for each group during the month.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to provide and maintain water, wastewater and waste services to sustain our community.

Providing this report also supports Council’s Governance 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

There are no direct financial implications resulting from this report. Financial implications may result where Council requests a performance review or requests an increase in performance standards.

Consultation

Consultation has occurred with:

Manager Customer Service & Business Performance, RWW;
Manager Treatment Operations, RWW;
Manager Technical Support, RWW; and
Senior Advisor, Financial Management, RWW.

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Options

Preferred

That Council resolve to accept the Redland Water & Waste Council Business Unit Report for December 2007, as presented in the attachment.

Alternative

That Council accepts the report and requests additional information or a review of performance.

Officer’s Recommendation

That Council resolve to accept the Redland Water & Waste Council Business Unit Report for December 2007, as presented in the attachment.

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1.2 DELEGATIONS UNDER LOCAL LAW NO. 31 (WATER SUPPLY)

Dataworks Filename: L&E - Local Law No 31 – Water Supply

File Name: EAA DELEGATIONS UNDER LOCAL LAW NO. 31 (WATER SUPPLY).doc Approved By Shelley This line will not be printed do not delete

Attachment: Local Law No 31 (Water Supply) Extract [pdf 770kb]

Responsible Officer Name: Gary Soutar
General Manager, Redland Water & Waste

Author Name: Shelley Thompson
PA to General Manager, Redland Water & Waste

Executive Summary

Redland Shire Council (RSC) is a registered water service provider (WSP) under the Water Act 2000. In order for RSC to carry out its obligations as a WSP, at its General Meeting of 28 September 2005, Council resolved to appoint authorised officers under Local Law 31 (Water Supply). This means that the water provider’s operational activities can be carried out and enforced under the Local Law.

As some of the staff who were appointed authorised officers in October 2005 have now left Council’s employment and others have changed positions, it is necessary to amend the delegations. This will take the form of revoking the delegations for staff who have left and appointing new authorised officers.

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Purpose

The purpose of this report is to recommend that Council revoke previous and appoint new authorised officers under Local Law 31 (Water Supply).

Background

RSC operates as a WSP under the Water Act 2000 and has established Redland Water & Waste (RWW) as a commercial business unit to undertake the operations of the WSP.

In reviewing current delegations and authority due to some authorised staff leaving Council’s employment and others changing positions, it is necessary to revoke those names and authorise new staff. Local Law 31 (Water Supply) requires Council, by resolution, to appoint officers for the purposes of exercising powers of authorised officers to undertake particular operational functions.

Issues

The attachment outlines the recommended sections for delegation under Local Law No 31 (Water Supply).

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to provide and maintain water services and support the provision of infrastructure.

Financial Implications

There are no financial implications relating to the delegation of authority recommended in this report.

Consultation

Consultation has occurred with:

Legal Services; and
Corporate Meetings and Registers Team.

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Options

Preferred

That Council resolve as follows:

To revoke the following officers as authorised officers under Local Law No 31 (Water Supply);

Jim Pruss, General Manager RWW;
Gary Kirby, Compliance Services Manager, RSC;
Timothy Rule, Local Laws Officer, RSC;
Geoffrey Oxtoby, Local Laws Officer, RSC; and
Peter Bourke, Local Laws Officer, RSC.

To appoint Gary Soutar as an authorised officer under Local Law No 31 (Water Supply), section 5.2 to exercise all the powers and responsibilities of an authorised officer under this Local Law;

To appoint the following officers as authorised officers under Local Law No 31 (Water Supply), section 5.3, to exercise the powers and responsibilities as specified below for the purposes of this Local Law:

Gary Kirby	Sections 40, 41, 42, 43, 47 and 51
Warren Jones	Sections 40, 41, 42, 43, 47 and 51
Ron Munro	Sections 40, 41, 42, 43, 47 and 51
Lisa Mann	Sections 40, 41, 42, 43, 47 and 51
Ross Caruso	Sections 40, 41, 42, 43, 47 and 51
Dan Lander	Sections 40, 41, 42, 43, 47 and 51
Bradley Whittington

Sections 40, 41, 42, 43, 47 and 51

That these appointments expire when the authorised officer ceases employment with Redland Shire Council or if the instrument is revoked by Council resolution.

Alternative

That Council not delegate any or all of the recommended powers.

Officer’s Recommendation

That Council resolve as follows:

To revoke the following officers as authorised officers under Local Law No 31 (Water Supply);

Jim Pruss, General Manager RWW;
Gary Kirby, Compliance Services Manager, RSC;
Timothy Rule, Local Laws Officer, RSC;
Geoffrey Oxtoby, Local Laws Officer, RSC; and
Peter Bourke, Local Laws Officer, RSC.

To appoint Gary Soutar as an authorised officer under Local Law No 31 (Water Supply), section 5.2 to exercise all the powers and responsibilities of an authorised officer under this Local Law;
To appoint the following officers as authorised officers under Local Law No 31 (Water Supply), section 5.3, to exercise the powers and responsibilities as specified below for the purposes of this Local Law:

i. Gary Kirby	Sections 40, 41, 42, 43, 47 and 51
ii. Warren Jones	Sections 40, 41, 42, 43, 47 and 51
iii. Ron Munro	Sections 40, 41, 42, 43, 47 and 51
iv. Lisa Mann	Sections 40, 41, 42, 43, 47 and 51
v. Ross Caruso	Sections 40, 41, 42, 43, 47 and 51
vi. Dan Lander	Sections 40, 41, 42, 43, 47 and 51
vii. Bradley Whittington	Sections 40, 41, 42, 43, 47 and 51

That these appointments expire when the authorised officer ceases employment with Redland Shire Council or if the instrument is revoked by Council resolution.

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1.3 POLICY REVIEW WASTE AND RECYCLING COLLECTION SERVICES 2836

Dataworks Filename: WASTE AND RECYCLING POLICY 2836 REVIEW

File Name: EAA POLICY REVIEW WASTE AND RECYCLING COLLECTION SERVICES 2836.doc Approved By Shelley This line will not be printed do not delete

Attachments: Att 1 - Current Policy 2836 [pdf 73kb]
Att 2 - Amended Policy 2836 [pdf 317.5kb]
Att 3 - New Guideline 2836 [pdf 489.1kb]
Att 4 - HCHP018 EXT - Establishment of refuse service [pdf 12.1kb]
Att 5 - HCHP019 EXT - Cancellation of refuse service [pdf 12.4kb]
Att 6 - HCHP023 EXT - Replacement of Mobile Garbage Bins [pdf 12.2kb]
Att 7 - HCHP 022 EXT Placement of Mobile Garbage Bins for servicing [pdf 12.4kb]

Responsible Officer Name: Eleanor Bray
Manager Customer Service & Business Performance

Author Name: Michelle Sprigg
Waste Projects Officer

Executive Summary

Existing Corporate Policy, POL-2836 Waste and Recycling Collection Services, was identified for review under the policy review schedule. This policy outlines the collection services for waste and recycling within the shire.

The review process has highlighted the need to make a small number of minor changes to the policy in addition to the need for the creation of an operating guideline. A revised policy and detailed guideline have been drafted to replace the existing policy.

The main issue which this policy review has identified is that Council has the statutory authority to apply the utility charges to both commercial and domestic premises, and the potential for a 2-part-tariff to be applied for waste services.

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Purpose

The purpose of this report is:

to seek a resolution from Council to amend the current Waste and Collection Services Policy POL-2836 and make obsolete the operating guidelines, shown as Attachments 4, 5, 6 and 7; and
for Council to note the new Waste and Recycling Collection Services Guideline GL-2836-001, shown as Attachment 3.

Background

The existing Corporate Policy POL-2836 Waste and Recycling Collection Services was approved at Council’s General Meeting of 17 December 2003 and was reviewed by the due date of 30 December 2007.

Under legislation, Redland Water & Waste (RWW) currently provides a mandatory waste and recycling collection service to domestic properties and an optional service to commercial properties upon request. The wheelie bin collection is provided weekly for waste, and fortnightly for recycling services. Bulk bin collections are undertaken at agreed intervals, with a choice of different waste container sizes.

Council applies utility charges, pro-rata from the commencement of the service, to the rates notice for all domestic premises and the commercial premises who request a collection service.

Issues

The Creation of a Detailed Guideline

A policy is a definitive statement issued at the highest level, which clearly outlines Council’s position or commitment to achieve a stated objective, whereas guidelines are the broad direction to achieve policy objectives or outcomes.

The current policy is extensive, and includes a lot of information which it is believed is more suitable within an operating guideline. Details on service standards, bin sizes and Council business, owner and occupier responsibilities have been transferred from the policy to the guideline.

The proposed new Guideline GL-2836-001 is shown as Attachment 3.

Utility Charge

Council has statutory authority under section 973 of the Local Government Act 1993 to levy a utility charge for the supply of cleansing services to occupied land or structures within the local government area as long as the property is capable of generating waste.

Council currently applies waste charges to all domestic properties and those commercial properties that request a service.

Legal advice has suggested that Council has the option to levy a cleansing charge consisting of 2 components. The first being a uniform fee applicable to all occupied land capable of generating waste within a defined area to pay for the operation of waste handling facilities, and the second component being a fee for the collection service based on the size to be collected. With this 2-part-tariff; owners of occupied rateable land would have to pay the first component even if they decided not to have Council collect the waste and instead chose to deliver waste to the transfer stations by other means.

Of the south-east Queensland (SEQ) Councils benchmarked in this policy review, some levy 2 distinct charges - a utility charge and a separate waste management charge. The charges levied by various Councils are illustrated in Table 1 below.

Table 1: Waste fees and charges benchmarking

	Collection charge p.a.(utility cleansing) domestic 240L charge shown only	Waste management levy Separate charge	Waste disposal fees Residents’ fees shown only
Beaudesert	$81	$80 per rateable property	Free - Less than 1m3 Extra - $15/m3
Brisbane	$215.52	-	$7.70 for 100kg green/mixed/general
Caloundra	$246	$25 per rateable property	$5 - General waste sedan
Gold Coast	$168	-	Free
Ipswich	$204	-	$3 up to 500kg
Logan	$160	-	$3 up to 750kg
Mackay	$147.30	$95.90 per rateable property	$3 per sedan
Noosa	$142	$71 for properties outside waste collection area	$1.60 per 120L waste *No charge for recyclables
Pine Rivers	$189	$82 for properties outside waste collection area	No charge for residents with vehicles up to 3 tonnes GVM
Redcliffe	$194.24	-	No charge for residents with vehicles up to 4.5 tonnes GVM
Redlands	$225	-	No charge for residents with vehicles up to 3 tonnes GVM

At this stage, it is considered that the introduction of a 2-part tariff for domestic waste should not be considered until the outcomes of the Queensland waste strategy are known.

Legal advice has also suggested that Council has the option to apply the utility charge for cleansing services to all commercial premises in addition to domestic premises. The theoretical benefits of Council managing all waste collections in the shire include:

better control of public health issues such as noise nuisance;
greater economies of scale when tendering out a contract; and
increased rating revenue and expenses would also be expected.

Of the SEQ Councils benchmarked in this policy review, only Gold Coast City Council (GCCC) mandates that commercial premises within particular areas use Council waste collection services. At this point in time, it is considered that the disadvantages outweigh any advantages. Shortcomings include:

Unserviceable waste: commercial waste may be unserviceable because of waste stream incompatibility with Council’s Birkdale landfill licence, for example; hazardous or regulated wastes. If this waste is collected, it could contaminate the waste stream, and jeopardise Council’s licence.
Existing development applications: existing development approvals may authorise the use of private waste collectors. To mandate such charges, Council would be required to challenge each of the development applications in a court of law. There is no way of knowing how many properties have such approvals without extensive review and assessment. The exercise would have high administrative costs and potentially high legal costs.
Unserviceable premises: if the collection vehicle doesn’t have adequate access onto the property, and therefore is unable to collect the waste, Council cannot mandate that the waste generator uses Council services.
Contractual issues: the size of a contract variation could potentially cause high financial and administrative costs from the contractor.
Landfill capabilities: Birkdale landfill’s licence is limited to receive between 50,000 and 75,000 tonnes of mixed waste per annum. If Council were to apply the utility charge and service to all commercial premises, the amount of waste currently received would increase substantially and violate licence conditions.

Due to the number of disadvantages, it is considered that the method of applying the utility charges to the commercial premises upon request remains unaltered.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to provide and maintain waste services and support the provision of infrastructure.

Financial Implications

There are no financial implications from the preferred options. The general financial implications of adopting some alternative options are supplied in the report but would need to be costed in detail if Council chose to adopt these instead of the recommendations.

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

RWW management was consulted to review the waste and recycling collection services, including the following personnel:

Jim Pruss, outgoing General Manager – RWW;
Gary Soutar, incoming General Manager – RWW;
Eleanor Bray, Manager – Customer Service & Business Performance – RWW;
Paula Kemplay, Service Manager Waste Operations - RWW;
Steven Cantrill, Senior Waste Planner, Technical Support – RWW;
Sherryn Filip, Customer Services Coordinator – RWW;

Extensive legal advice was also sought in this policy review, to ensure potential risk and avenues were explored in the relevant legislation. Much of the legal advice has been referred to throughout this report. Support was sought from the following professionals and organisations:

Paul R Smith, Barrister at Law;
Andrew Ross, Senior Legal Officer, Legal Services – RSC;
David Eastman, Project Leader – Governance - Department of Local Government, Planning, Sport and Recreation;
David Aust, Senior Advisor, Strategic Land Use – Strategic Planning- RSC;

Benchmarking of waste and collection policies and operations of waste collection and systems of charging in the SEQ region were obtained by searching the internet and consulting with the following professionals and organisations, the results of which are included in the text of this report:

Bob Eggleton, Acting Manager - Ipswich Waste Services;
Chris Vakas, Waste Services Coordinator – Hervey Bay;
Brett Lee, Co-ordinator Waste Services – Logan City Council;
Melanie Jones, Acting Waste Projects Supervisor – Beaudesert Shire Council;
Doug Barnes, Senior Operational Health Officer – Noosa;
Luke Maloney, Waste Management Officer – Caloundra;
John Hogg, Collections Contract Manager - Brisbane City Council.

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Options

Preferred

That Council resolve as follows:

To adopt the amendments to Corporate Policy POL-2836, Waste and Recycling Collection Services, shown as Attachment 2;
To note the guideline document Guideline GL-2836-001; Waste and Recycling Collection Services, shown as Attachment 3; and
To declare obsolete the following existing guidelines, shown as Attachments 4, 5, 6 and 7:

HCHP018 EXT Establishment of refuse service;
HCHP019 EXT Cancellation of refuse service;
HCHP023 EXT Replacement of Mobile Garbage Bins;
HCHP 022 EXT Placement of Mobile Garbage Bins for servicing.

Alternative 1

That Council resolve to maintain the existing policy 2836, shown as Attachment 1.

Alternative 2

That Council resolve to accept a combination of the preferred options.

Officer’s Recommendation

That Council resolve as follows:

To adopt the amendments to Corporate Policy 2836, Waste and Recycling Collection Services, shown as Attachment 2;
To note the guideline document Guideline GL-2836-001; Waste and Recycling Collection Services, shown as Attachment 3; and
To declare obsolete the following existing guidelines, shown as Attachments 4, 5, 6 and 7:

HCHP018 EXT Establishment of refuse service;
HCHP019 EXT Cancellation of refuse service;
HCHP023 EXT Replacement of Mobile Garbage Bins;
HCHP 022 EXT Placement of Mobile Garbage Bins for servicing.

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2 Tenders For Consideration

The following tender is presented for consideration:

2.1 tender rww-55008-1 – site management of island waste transfer stations

Following consideration at this Committee, this matter will be presented to Council, for consideration of the Committee Recommendation, at its General Meeting scheduled for 30 January 2008.

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3 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