IPSWICH
CITY
COUNCIL
AGENDA
of the
Held in the Council Chambers
2nd floor – Council Administration Building
45 Roderick Street
IPSWICH QLD 4305
On Tuesday, 16 July 2019
At 9:00
AM
Council Meeting Agenda |
16 July 2019 |
B. WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY:
C. OPENING PRAYER:
D. APOLOGIES AND LEAVE OF ABSENCE:
E. CONDOLENCES AND MEMORIALS:
F. PETITIONS AND PRESENTATIONS:
G. CONFIRMATION OF MINUTES:
1. Ipswich City Council - Minutes of Meeting of 25 June 2019............................................................... 5
Ipswich City Council - Minutes of Special Meeting of 27 June 2019.................................................... 35
H. RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS:
2. Economic Development Committee's Report..... 47
3. Growth and Infrastructure Committee's Report. 51
4. Communities Committee's Report...................... 57
5. Governance Committee's Report........................ 59
I. CONSIDERATION OF NOTIFIED MOTIONS:
J. RECEPTION OF NOTICES OF MOTION FOR FUTURE MEETINGS:
· Change to committee meeting times.................. 73
· Tender Consideration Plan - Civic Project Audit Consultants and Retail Project Design Consultants.......................................................... 77
· Queensland Audit Office 2019 Interim Audit Report................................................................... 93
M. CONSIDERATION OF ITEMS PLACED ON THE AGENDA BY A COUNCILLOR IN ACCORDANCE WITH SECTION 6 AND 8 OF THE SUBORDINATE LOCAL LAW (2.1 COUNCIL MEETINGS):
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Council Meeting Agenda |
16 July 2019 |
Unconfirmed Minutes of Council Ordinary Meeting
25 June 2019
Held in the Council Chambers, Administration Building
45 Roderick Street, Ipswich
The meeting commenced at 9.01 am
Pursuant to section 13 of Council’s Local Law No 2 (Council Meetings) 2013, the Interim Administrator invited the Interim Management Committee members present being Jan Taylor, Simone Webbe, Robert Jones, Stan Gallo and Steve Greenwood to address the Council on any matters before it.
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ATTENDANCE AT COMMENCEMENT |
MEMBER’S ATTENDANCE: Greg Chemello (Interim Administrator) INTERIM MANAGEMENT COMMITTEE: Jan Taylor, Simone Webbe, Robert Jones, Stan Gallo and Steve Greenwood |
ACKNOWLEDGEMENT OF COUNTRY |
Greg Chemello (Interim Administrator) Ipswich City Council respectfully acknowledges the Traditional Owners as custodians of the land upon which we meet. We pay our respects to their elders, past, present and emerging, as the keepers of the traditions, cultures and stories of a proud people. |
OPENING PRAYER |
Greg Chemello (Interim Administrator) Let us in silence pray or reflect upon our responsibilities to the people of Ipswich. We meet today to server our community, to use our resources wisely and well, to represent all members of our community fairly and to make decisions that promote the common good. |
APOLOGIES AND LEAVE OF ABSENCE |
Nil |
Confirmation of Minutes
Confirmation of Minutes of Ordinary Meeting |
The Interim Administrator of the Ipswich City Council resolves: That the Minutes of the Ordinary Meeting held on 21 May 2019 be confirmed. The motion was put and carried. |
Confirmation of Minutes of Special Meeting |
The Interim Administrator of the Ipswich City Council resolves: That the Minutes of the Special Meeting held on 4 June 2019 be confirmed.
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AMENDMENT |
The Interim Administrator moved an amendment in relation to the second last paragraph of the minutes appearing on page 14 of the agenda, changing the word every, where appearing on the third line to ever. The motion was put and carried. |
Reception and Consideration of Committee Reports
Economic Development Committee |
The Interim Administrator of the Ipswich City Council resolves: That the Economic Development Committee Report No. 2019(06) of 18 June 2019 be received and adopted.
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CONFLICT OF INTEREST |
The Interim Administrator informed the meeting that he has, or could reasonably be taken to have a perceived conflict of interest in Item 2 of the report titled Ipswich Central Program Report No. 11 to 16 May 2019.
The nature of the perceived interest is that Ranbury Management Group is the primary consultant for the CBD Redevelopment and from 2008 to 2012 he worked and was a director and part owner of Ranbury but has had no association with the company since then other than through his current role.
The Interim Administrator confirmed that, as there is no personal or financial benefit to the Interim Administrator, he would participate in the meeting in relation to the matter. The motion was put and carried. |
Growth and Infrastructure Committee |
The Interim Administrator of the Ipswich City Council resolves: That the Growth and Infrastructure Committee Report No. 2019(06) of 18 June 2019 be received and adopted. The motion was put and carried. |
Communities Committee |
The Interim Administrator of the Ipswich City Council resolves: That the Communities Committee Report No. 2019(06) of 18 June 2019 be received and adopted. The motion was put and carried. |
Environment Committee |
The Interim Administrator of the Ipswich City Council resolves: That the Environment Committee Report No. 2019(06) of 18 June 2019 be received and adopted. The motion was put and carried. |
Governance Committee |
The Interim Administrator of the Ipswich City Council resolves: That the Governance Committee Report No. 2019(06) of 18 June 2019 be received and adopted.
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AMENDMENT |
The Interim Administrator moved an amendment in relation to the comments from the Interim Management Committee which appear under Item 1 on page 33 of the agenda in that the word internal review rights should read internal or external review rights. The motion was put and carried. |
Officer’s Reports
Report - Audit and Risk Management Committee No. 2019(02) of 19 June 2019 |
The Interim Administrator of the Ipswich City Council resolves: That the report be received and the recommendations contained in the report of the Audit and Risk Management Committee No. 2019(02) of 19 June 2019, be adopted. The motion was put and carried. |
2018-2019 Asset Revaluation |
The Interim Administrator of the Ipswich City Council resolves: A. That the report by the Principal Financial Accountant dated 30 April 2019, including attachments 1, 2, 3 and 4 be received and noted. B. That the artworks asset class being a formal valuation and the roads, bridges and footpaths asset class indexation be revalued as outlined in the report by the Principal Financial Accountant dated 30 April 2019 and in accordance with Attachments 1 and 3. C. That all other asset classes of land, buildings and other structures, and flooding and drainage not be revalued as the cumulative valuation percentage increases/decreases are below 5%, as outlined in the report by the Principal Financial Accountant dated 30 April 2019. The motion was put and carried. |
12430 Quote or Tender Consideration Plan for Locksmiths Services |
The Interim Administrator of the Ipswich City Council resolves: A. That Council (Interim Administrator of Ipswich City Council) resolve to prepare a Quote or Tender Consideration Plan for the provision of locksmiths services in accordance with section 230(1)(a) of the Local Government Regulation 2012. B. That Council (Interim Administrator of Ipswich City Council) resolve to adopt the Quote or Tender Consideration Plan for the provision of locksmiths services as outlined in the report by the Senior Contracts and Reporting Officer dated 14 June 2019 in accordance with section 230(1)(b) of the Local Government Regulation 2012. C. That Council (Interim Administrator of Ipswich City Council) resolve to enter into a contract with Rivercity Locksmiths and Security for the provision of locksmiths services on the terms described in the report by the Senior Contracts and Reporting Officer dated 14 June 2019. D. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contract with Rivercity Locksmiths and Security to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009. The motion was put and carried. |
Overall Plan for the Rural Fire Resources Levy Special Charge |
The Interim Administrator of the Ipswich City Council resolves: That in accordance with section 94 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council adopts the Overall Plan for the Rural Fire Resources Levy Special Charge as detailed in the report by the Treasury Accounting Manager dated 12 June 2019. The motion was put and carried. |
BUDGET SPEECH |
The Interim Administrator delivered the budget speech:
Next year, Ipswich City Council will enter a brave new world.
The 28 March 2020 local government elections will see a new mayor and the reintroduction of councillors to the City of Ipswich. The exact shape and makeup of council has yet to be determined by the state government, but that should become clear in the next couple of months.
When I was appointed to this role in August 2018, significant changes were needed across the council, and with some urgency. There was a lot to do in the relatively brief period of 19 months. While there were 1200 staff committed to delivering quality services to the Ipswich community, the council “ship” definitely needed to be turned towards a different direction, one that is based on the principles of accountability, effectiveness, efficiency and – most importantly with all of these – transparency and ethical and legal behaviour.
As part of that, I had to oversee a change of focus in terms of council finances. Without doubt, money had been wasted, lost, unaccounted for, frittered away and, in some instances, completely mismanaged.
One of my aims is to help get council budgets back on track. As Interim Administrator, I feel obliged to provide a recommended path forward for the elected councillors beyond March 2020 by laying out a responsible long term financial plan: savings for ratepayers and residents, a council sticking to its budget, and continued growth across the region, which had been unprecedented in recent years.
Together with my interim management committee, council’s CEO David Farmer and executive leadership team, we have come up with a strategy that aims to “normalise” property rates in Ipswich to be more comparable with other Southeast Queensland councils. The cornerstone of the strategy is a long term financial plan to progressively and rigorously hold the city’s average property rates increases below the Consumer Price Index (CPI) for at least the next five, possibly seven years.
Once average rates are more comparable with other Southeast Queensland councils, rate increases would then be generally set at or around CPI.
The 2019-2020 Budget I am delivering today includes an average rates rise for Ipswich below the current CPI of 1.5 per cent. That is significantly less than the 2.5 per cent rates increase delivered by council last year.
We are setting out a thorough price path for this organisation for the future.
This vision is akin to current Federal Government strategies to deliver 10-year budget plans for the nation.
In Ipswich’s case, it is aimed at the 82,000 ratepayers – about 2400 non-residential – and an overall population, which recently topped 220,000 and will more than double within 15 years.
I can assure residents that the significant rates decrease from last year does not mean normal services will be cut by council to the Ipswich community.
We are still very much in the business of rates, rubbish and roads. But on a grander scale than some of our neighbouring local government authorities.
There will be substantial cost savings in some areas, but I see it more as driving efficiency within this organisation and providing better value for money.
Council will continue to deliver those first-class services to everyone.
The budget prioritises the important needs of the city.
It allocates money to projects which will enable council to get the job done and to ensure the city is meeting demands imposed upon us all by rapid growth.
Ipswich is one of the fastest growing councils in Australia. The city ranks near the top in Queensland in terms of growth and in the top 10 nationally.
Economic prosperity and jobs, good roads, an improved public transport system and public infrastructure are important components which help the city provide for its constituents.
With this sustained growth trend, we must ensure we have services and infrastructure to cope with the surging population.
With that in mind, this is a progressive budget, yet responsible. It retains a reasonable surplus, yet addresses compelling needs such as the completion of the Nicholas Street development in the CBD, to which $111 million has been allocated.
Work is progressing quickly there and the community will start to see the first fruits in early 2020.
The budget ensures the council is delivering basic needs such as waste collection, but also looks to the future as council seeks definitive answers to solving the city and region’s waste issues. Together with five other SEQ councils, Ipswich is seeking to find feasible and progressive methods of resource recovery and waste disposal services. We need waste solutions that are both environmentally sustainable and commercially astute for the city’s ratepayers.
We look ahead of further development in the master-planned communities of Springfield and Ripley, while council has committed to produce the business case for a Springfield-Ripley-Ipswich Central rail link.
Our role is to make it absolutely clear to the state and commonwealth governments in a factually based and compelling business case that this rail link is absolutely essential for the city and needs to be funded sooner rather than later.
Some of the infrastructure highlights include the $6.8 million Rosewood Library, the new Brisbane Lions stadium and training facility at Springfield – also available for significant community uses, the CBD’s new Health Precinct, and of course redevelopment of Ipswich Central.
There is key capital investment in improving roads, including major thoroughfares such as Brisbane Street, Old Toowoomba Road, and the Marsden Parade realignment.
It addresses long-overdue governance concerns, yet paves the way for future councillors to develop a healthy, active and engaged community.
One of the major features for 2019-2020 is the community donations program, with $400,000 of ongoing funding to ensure community organisations get access to vital financial assistance from council.
We are proud to deliver this new program and remove the stain of the old “discretionary funding” scheme which essentially allowed the former mayors and individual councillors to distribute council funds to various groups without proper process. There will be no more memorabilia bought with ratepayers’ money.
Providing financial assistance to legitimate community organisations who are providing valuable community services is in my view a core role of local government. This new community donations program is a much fairer, accountable and transparent process that brings it into line with other councils across Queensland and the nation in terms of proper governance.
Today also sees the first gathering of the city’s new community reference groups – where 100 members of the Ipswich community will sit on five separate reference groups and provide valuable ideas and advice to council going forward.
They will be the eyes and ears of the people and we can draw on this vast local knowledge base, give more people a voice in the decision making process of council and ultimately make council better.
It is just one of many measures and improvements introduced over the past nine months to take council and the City of Ipswich forward. I think it puts this city in a strong position and one that will restore faith and confidence in the future leaders of this city.
All in all this budget delivers everything the community needs for now.
It is not a back-to-basics, not a business-as-usual or a build-it budget. It is a rational and disciplined budget based on strategies for this wonderful city to be the best that it can be.
Thank you to my interim management committee, David Farmer and council’s corporate services team for your advice to me and your dedicated hard work on preparing this budget.
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Adoption of the 2019-2020 Budget and associated matters |
The Interim Administrator of the Ipswich City Council resolves: A. That the Interim Administrator of the Ipswich City Council receive and note the contents of the General Manager - Corporate Services’ report dated 20 June 2019 concerning the 2019‑2020 Budget and associated matters. B. That the Interim Administrator of the Ipswich City Council receive and note the Statement of Estimated Financial Position for the previous financial year 2018‑2019, which is Attachment 1 to the report by the General Manager - Corporate Services dated 20 June 2019. C. That in accordance with section 81 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide the different rating categories of rateable land in the local government area as follows: (a) the rating categories of rateable land in the local government area are in column 1 of the table below which is stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019; (b) the description of each of the rating categories of rateable land in the local government area are in column 2 of the table below which is stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019; (c) the rating category to which each parcel of rateable land in the local government area belongs, is the rating category which is included in the Council’s rating files at the date of issue of a relevant quarterly rating assessment notice.
D. That the Interim Administrator of the Ipswich City Council delegate to the Chief Executive Officer the power to identify the rating category to which each parcel of rateable land belongs. E. That in accordance with section 94 of the Local Government Act 2009 and section 80 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide to levy differential general rates on rateable land in the local government area, on the basis stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. F. That in accordance with section 74 and section 76 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide that the rateable value of land for the financial year will be the 3-year averaged value of the land, on the basis stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. G. That in accordance with section 80 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide that the differential general rates for each rating category of rateable land in the local government area is that in column 2 of the table below which is stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019.
H. That in accordance with section 77 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide that the minimum amount of general rates for certain rating categories of rateable land in the local government area is to be fixed to that amount in column 3 of the table in Resolution G, on the basis stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. I. That in accordance with section 116 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide to limit the increase in the differential general rates for certain rating categories of rateable land in the local government area to not more than the differential general rates for the last financial year increased by the percentage stated in column 4 of the table in Resolution G, on the basis stated in Part 2 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. J. That in accordance with section 94 of the Local Government Act 2009 and section 99 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide to levy utility charges for waste management services on rateable land in the local government area that are in column 2 of the table below, on the basis stated in Part 3 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019.
K. That in accordance with section 94 of the Local Government Act 2009, section 94 of the Local Government Regulation 2012 and section 128A of the Fire and Emergency Services Act 1990, the Interim Administrator of the Ipswich City Council decide to levy a special charge of $42 per annum for the Rural Fire Brigades Services (which is also known as the Rural Fire Resources levy) for the services, facilities or activities identified in the Rural Fire Resources Levy Overall Plan, on rateable land in the local government area that specially benefits from the Rural Fire Brigades Services, on the basis stated in Part 4 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. L. That in accordance with section 94 of the Local Government Act 2009 and section 103 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide to levy a separate charge of $45 per annum for the Ipswich Enviroplan on rateable land in the local government area, on the basis stated in Part 5 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. M. That in accordance with section 107 of the Local Government Regulation 2012 and section 114 of the Fire and Emergency Services Act 1990, the Interim Administrator of the Ipswich City Council decide that rates and charges (including the Emergency Management Levy) will be levied quarterly on the basis stated in Part 6 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. N. That the Interim Administrator of the Ipswich City Council decide on the basis stated in Part 6 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019, the following: (a) the period within which rates and charges (including the Emergency Management Levy under section 115 of the Fire and Emergency Services Act 1990) must be paid in accordance with section 118 of the Local Government Regulation 2012; (b) to allow ratepayers to pay rates and charges (including the Emergency Management Levy) by instalments in accordance with section 129 of the Local Government Regulation 2012; (c) to allow a discount for payment of rates and charges before the end of a period that ends on or before the due date for payment in accordance with section 130 of the Local Government Regulation 2012. O. That in accordance with section 133 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide that interest is payable on overdue rates and charges, at an annual rate of 9.83%, on the basis stated in Part 7 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. P. That in accordance with Chapter 4, Part 10 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council decide to grant a concession for rates and charges to an eligible pensioner who owns and occupies rateable land, on the basis stated in Part 8 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. Q. That in accordance with section 192 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council adopt the Debt Policy for 2019‑2020 which is stated in Part 10 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. R. That in accordance with section 191 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council adopt the Investment Policy for 2019‑2020 which is stated in Part 11 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. S. That the Interim Administrator of the Ipswich City Council adopt the Financial Management Policy for 2019‑2020 which is stated in Part 12 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. T. That in accordance with section 198 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council adopt the Procurement Policy for 2019-2020 which is stated in Part 13 of the 2019‑2020 Budget in Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019. U. That in accordance with section 104 and section 107A of the Local Government Act 2009 and section 170 of the Local Government Regulation 2012, the Interim Administrator of the Ipswich City Council consider and adopt the 2019‑2020 Budget, which is Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019, that includes the following: (a) the Budget and Long-Term Financial Forecast which is stated in Part 1, including the Forecast Financial Statements: Statement of Income and Expenditure, Statement of Financial Position, Statement of Cash Flows and Statement of Changes in Equity; (b) the Revenue Statement which is stated in Part 9; (c) the Revenue Policy which is stated in Part 14; (d) the relevant measures of financial sustainability which is stated in Part 1; (e) the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget which is stated in Part 1. V. That it be recorded that in each case where a preceding Resolution refers to the whole or a part of a document which is in Attachment 1 or Attachment 2 to the report by the General Manager - Corporate Services dated 20 June 2019, the whole or part of the document is incorporated by reference into and forms part of the terms and content of the Resolution. The motion was put and carried. |
MEETING CLOSED |
The meeting closed at 9.15 am. |
“These minutes are subject to confirmation at the next scheduled Council Ordinary Meeting”
Council Meeting Agenda |
16 July 2019 |
Unconfirmed Minutes of Council Special Meeting
27 June 2019
Held in the Council Chambers, Administration Building
45 Roderick Street, Ipswich
The meeting commenced at 9.00 am
The Interim Administrator advised that he is bound to declare Conflict of Interests and potential Conflict of Interests in all council meetings.
ATTENDANCE AT COMMENCEMENT |
Greg Chemello (Interim Administrator) |
WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY |
Greg Chemello (Interim Administrator) Ipswich City Council respectfully acknowledges the Traditional Owners as custodians of the land upon which we meet. We pay our respects to their elders, past, present and emerging, as the keepers of the traditions, cultures and stories of a proud people. |
OPENING PRAYER |
Greg Chemello (Interim Administrator) Let us in silence pray or reflect upon our responsibilities to the people of Ipswich. We meet today to serve our community, to use our resources wisely and well, to represent all members of our community fairly and to make decisions that promote the common good. |
APOLOGIES AND LEAVE OF ABSENCE |
Interim Management Committee Members (Jan Taylor, Simone Webbe, Stan Gallo, Robert Jones and Steve Greenwood) |
Officer’s Reports
Riverview Community Centre |
The Interim Administrator of the Ipswich City Council resolves: A. That the previous decision of Council, as per Item No. 5 of the Governance Committee No. 2019(05), 14 May 2019 and adopted at the Council Ordinary meeting of 21 May 2019, be repealed. B. That Council (Interim Administrator of Ipswich City Council) assume management of the Riverview Community Centre as an interim operating model, with another public Expression of Interest process to be run again on or before 1 July 2020.
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DISCUSSION |
The Interim Administrator advised that this has been a challenging issue for council and commended the officers involved in the expression of interest campaign and the appropriate governance within that process. He stated that the issue that arose after the expression of interest process was adopted was some significant misconceptions in some parts of the community about what council’s intentions were and the process involved. The Interim Administrator stated that it became clear to him after discussions with community leaders, that it was not appropriate to continue with the recommendation that council had made to proceed with a new manager but also clear from a commercial and asset management perspective that it was not appropriate to continue with the current lessee arrangements. He stated that the decision before council today is that council itself will assume management of the Riverview Community Centre as an interim model for about 12 months and then go out again with another expression of interest process. He felt this was the appropriate balance in terms of the interest that arose subsequent to the previous council decision.
The Interim Administrator made the following comments noting that this matter will continue after his term is over with council, suggesting that council communicates clearly to the local community as part of the expression of interest process. He suggested that the communication include what the process is, why council is undertaking the process, particularly with the stakeholders involved in providing services, so that everyone is clear and that the same misconceptions that occurred previously do not occur again ie; that all current users were to be evicted which was clearly not the case. The motion was put and carried. |
Disposal of Part of 95A Brisbane Road, Booval described as part of Lot 169 on RP24111 to Swifts Leagues Club Ltd |
The Interim Administrator of the Ipswich City Council resolves:
A. That part of Council-owned land at 95A Brisbane Road, Booval (part of Lot 169 on RP24111), being approximately 1.624 hectares, as identified in Attachment 1 as “Proposed Land Disposal” (the Land) to the report by the Business Accounting and Asset Manager dated 20 June 2019, is surplus to Council’s future requirements.
B. That the disposal of the Land and the improvements of the Land is a disposal of a valuable non-current asset.
C. That pursuant to section 236(3) of the Local Government Regulations 2012 (Qld) (Regulation), that the exemption available under section 236(1)(b)(ii) of the Regulation applies to the disposal of the Land and the improvements on the Land to Swifts as a ‘Community Organisation’ (as defined Schedule 8 of the Regulation).
D. That the Land and improvements on the Land can be disposed of other than by tender or auction as required by section 227 of the Regulation.
E. That Council request Swifts Leagues Club to prepare a proposed master plan for the site that reflects their proposal and undertake appropriate community consultation to satisfy Council that their proposal has sufficient community support. That subject to Council being satisfied with the outcome of the community consultation process and accordingly determining that the sale to Swifts Leagues Club is in the best interest of the community, that Council sell the Land and the improvements on the Land to Swifts Leagues Club Ltd at a purchase price equal to the market value of the Land (including the market value of the improvements on the Land), as determined by a registered valuer, in compliance with section 236(3) of the Regulation.
F. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the sale contract to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
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DISCUSSION |
The Interim Administrator made comment that this again has been a challenging issue for council to address. He stated that the main concerns have been the lack of information and transparency in terms of the whole process. The Interim Administrator acknowledged that the club has had discussions with previous councillors and mayors and with current and previous staff of council over months and that it had dragged on longer than it should have. He stated that he thought this was an appropriate decision for council to make.
The Interim Administrator stated that in-principle the key information that arose in the last month was that even if council fulfilled its obligations under the lease to manage and maintain the building to its appropriate standard, that was not appropriate and not sufficient for the club going forward to run a contemporary sports and recreation facility. He stated that Swifts acknowledge that it is not council’s responsibility to spend that extra money. For them to do that though they need tenure on the site. Council reached the view that it was an appropriate in-principle decision to make to sell the land to Swifts but on the basis that they bring the community along with them.
The Interim Administrator stated that the recommendation today is to adopt the decision to sell the site on the provision that Swifts prepare a master plan, engage with the community in an appropriate way, produce a report to council that convinces council that there is sufficient community support, not total community support, sufficient community support for the sale to proceed.
The Interim Administrator advised that this is an appropriate balance in terms of what council is trying to achieve in that it doesn’t want to stand in the way of a club that delivers valuable community services. He stated that it is appropriate for Swifts to have tenure of the site to deliver those community services under the new model and to bring the community along as well. The motion was put and carried. |
Transfer of Property and Other Assets of Ipswich City Properties Pty Ltd and associated matters |
The Interim Administrator of the Ipswich City Council resolves: A. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the Deed of Release to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009. B. That the total valuation of the property assets of Ipswich City Properties Pty Ltd being $27,795,000 be accepted by Council for the purposes of the property transfers. C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of all agreements, deeds, indemnities or documents (“all Documents”), for the transfer to Ipswich City Council of the property (both real property and personal property) belonging to Ipswich City Properties Pty Ltd with a total cumulative value of $27,814,565.78 (including chattels of $19,565.78), and for Council to execute all Documents and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009. D. That Council note that the decision of the Office of State Revenue in regards to an exemption from Stamp Duty under corporate reconstruction remains outstanding and that the approval of the exemption does not impact Council’s intention to approve and enact the transfer of property and other assets of Ipswich City Properties Pty Ltd before 30 June 2019. E. That Council reimburse Ipswich City Properties Pty Ltd, as outlined in the Deed of Release, for costs incurred in relation to planning, design, engineering and construction of the retail assets of Ipswich City Properties Pty Ltd to the value of $2,300,127.95. F. That Council reimburse Ipswich City Properties Pty Ltd, as outlined in the Deed of Release, for costs incurred in relation to planning, design, engineering and construction works that were intended to be acquired by Council under a development agreement to the value of $16,875,657.28. G. That Council note the request for an approval under the Statutory Bodies Financial Arrangements Act 1982 for the provision of a performance guarantee in relation to the Crown lease for the Bremer Street Ramps has been lodged with the Department of Local Government, Racing and Multicultural Affairs. H. That Council pay $4,699,035.11 to Ipswich City Properties Pty Ltd in accordance with the Deed of Release as the GST component of the property and other assets transfer. I. That the anticipated loan repayment of $750,000.00 by Ipswich City Properties Pty Ltd, be noted. J. That subsequent to all the reductions in accordance with recommendations C, E, F and I and in accordance with the Deed of Release excluding clause 6, the balance of the loan between Ipswich City Council and Ipswich City Properties Pty Ltd at close of business on 27 June 2019, estimated to be $24,925,371.15, in accordance with clause 6 of the Deed of Release, be written‑down to zero. K. That subject to the loan between Ipswich City Council and Ipswich City Properties Pty Ltd being written‑down to zero, the loan agreement between Ipswich City Council and Ipswich City Properties Pty Ltd be terminated. L. That
the Chief Executive Officer be authorised to negotiate and finalise the terms
of any other agreement, deed, indemnity or document associated with or in
conjunction to the transfer of the other assets of Ipswich City Properties
Pty Ltd, in accordance with the Deed of Release, to be executed by Council
and to do any other acts necessary to implement Council’s decision in
accordance with section 13(3) of the Local Government Act 2009. |
CONFLICT OF INTEREST |
The Interim Administrator informed the meeting that he has, or could reasonably be taken to have a perceived conflict of interest in this item titled Transfer of Property and other assets of Ipswich City Properties Pty Ltd and associated matters.
The nature of the perceived interest is that as well as being the Interim Administrator he is also the sole director of Ipswich City Properties.
The Interim Administrator confirmed that in carrying out his role as sole director of Ipswich City Properties he has taken the view in all meetings to act on behalf of the best interests of the shareholders, the shareholders being council, and the way he has resolved the potential conflict of interest is reaching the view there is no conflict because he is representing the interests of the shareholders which is council which represents the people. He also stated that given his role as Interim Administrator he really has no choice but to make these resolutions and acknowledge that this perceived conflict of interest is there.
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DISCUSSION |
The Interim Administrator stated that this was another milestone in the closure of Ipswich City Properties. He thanked McGrathNicol for their work and that it was much appreciated. He also passed on his thanks to council staff in-particular the Treasury Accounting Manager. The Interim Administrator acknowledged that this was and continues to be a challenge in terms of reaching the milestone to close the company and that there was an aim to do this by 30 June 2019. He stated that council officers and advisors have done everything practically possible to achieve the target and gave his appreciation for everyone’s efforts.
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AMENDMENT |
The Interim Administrator moved an amendment in relation to Clause 3 (b) and (c) of Attachment 1 of the report by replacing the figure $16,875,675.28 with the figure $16,875,657.28. The motion was put and carried. |
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The confidential papers associated with this report are confidential as they include detailed financial information in relation to the contractual and payment arrangements which is commercial in-confidence. |
Nicholas Street and Union Place Landscaping and Services Completion Works - Nicholas Street Ipswich Resubmission |
The Interim Administrator of the Ipswich City Council resolves: A. That the previous decision of Council, as per Item no. 4 of the Economic Development Committee No. 5 of 14 May 2019 and adopted at the Council Ordinary Meeting of 21 May 2019, be repealed. B. That Council resolve to prepare a Tender Consideration Plan to enter into a contract with the existing supplier of Contract No. 13139 for Landscaping and Services Completion Works for Nicholas Street and Union Place in accordance with section 230(1)(a) of the Local Government Regulation 2012. C. That Council resolve to adopt the Tender Consideration Plan to enter into a contract with the existing supplier of Contract No. 13139 for Landscaping and Services Completion Works for Nicholas Street and Union Place as set out in Attachments 1 and 2 of this report, in accordance with section 230(1)(b) of the Local Government Regulation 2012. D. That Council approve a variation to Contract No. 13139 with JMAC Constructions Pty Ltd for the provision of Landscaping and Services Completion Works as set out in Attachments 1 and 2 of this report. E. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contract to be executed by Council and to do any other act necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
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DISCUSSION |
The Interim Administrator advised that this report is in essence JMAC who control the site in the workplace health and safety and contractual sense along Nicholas Street continuing to do all the construction work within that site that they control rather than risking another company having partial access to the site which is in-principle not a good contracting model. The motion was put and carried. |
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The confidential papers associated with this report are confidential as they include detailed financial information in relation to the contractual and payment arrangements which is commercial in-confidence |
Tender Consideration Plan - Ipswich City Properties Pty Ltd Supplier Agreement Novations to Ipswich City Council |
The Interim Administrator of the Ipswich City Council resolves: A. That a Tender Consideration Plan be prepared (Attachment 1) in accordance with section 230 (1) (a) of the Local Government Regulation 2012 (Qld) for the novation of the existing Supplier Contracts or Agreements (to which Ipswich City Properties Pty Ltd are a party to the Contract or Agreement), be novated from Ipswich City Properties Pty Ltd to Ipswich City Council as outlined in the report by the General Manager – Coordination and Performance dated 19 June 2019. B. That in accordance with section 230(1)(b) of the Local Government Regulation 2012, the Tender Consideration Plan (“TCP”) (Attachment 1) of the report by the General Manager – Coordination and Performance dated 19 June 2019 be adopted by Council. The TCP contained in Attachment 1 of the report is for the novation of existing supplier contracts or agreements (to which Ipswich City Properties Pty Ltd are a party to the contract or agreement) to be novated from Ipswich City Properties to Ipswich City Council. C. That Council accept novation of the existing nine (9) supplier/contractor agreements as listed in Attachment 2 of the report by the General Manager Coordination and Performance dated 19 June 2019, (as to which Ipswich City Properties Pty Ltd are a party to the Contract or Agreement), be novated from Ipswich City Properties Pty Ltd to Ipswich City Council for works pertaining to the Ipswich Central CBD Transformation Project as further described in the report by the General Manager – Coordination and Performance dated 19 June 2019. D. That Council accept novation of the existing fourteen (14) supplier/contractor agreements as listed in Attachment 3 of the report by the General Manager Coordination and Performance dated 19 June 2019, (as to which Ipswich City Properties Pty Ltd are a party to the Contract or Agreement), be novated from Ipswich City Properties Pty Ltd to Ipswich City Council, for works pertaining to the retail operations of the 2 Bell Street and Ipswich City Square properties as further described in the report by the General Manager – Coordination and Performance dated 19 June 2019. E. That Council accept novation of the existing eight (8) supplier / contractor agreements as listed in Attachment 4 (previously novated from EPC Pacific Ipswich 1 Pty Ltd to Ipswich City Properties Pty Ltd) of the report by the General Manager Coordination and Performance dated 19 June 2019, (as to which Ipswich City Properties Pty Ltd are a party to the Contract or Agreement), be novated from Ipswich City Properties Pty Ltd to Ipswich City Council, for consultancy works pertaining to the design of the Administration Building Base Build as further described in the Report by the General Manager – Coordination and Performance dated 19 June 2019. F. That the Chief Executive Officer be authorised to negotiate and finalise the terms and novation of the contracts to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
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DISCUSSION |
The Interim Administrator thanked council officers and consultants involved in this schedule of work in terms of resolving the various supplier agreements. He stated that this was a schedule of arrangements of work to identify what supplier agreements with Ipswich City Properties need to transfer to council and what supplier agreements with Ipswich City Properties to terminate as the council has its own arrangements. The motion was put and carried. |
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The confidential papers associated with this report are confidential as they include detailed financial information in relation to the contractual and payment arrangements which is commercial in-confidence |
Tender Consideration Plan - Appointment of Retail Leasing Agent - Ipswich Central CBD Transformation Project |
The Interim Administrator of the Ipswich City Council resolves: A. That a Tender Consideration Plan be prepared (Attachment 1) in accordance with section 230 (1) (a) of the Local Government Regulation 2012 (Qld) for the appointment of a Retail Leasing Agent, as outlined in the report by the General Manager – Coordination and Performance dated 20 June 2019. B. That the Tender Consideration Plan (Attachment 1) as set out and outlined in the report by the General Manager – Coordination and Performance dated 20 June 2019 (“the Report”) in accordance with section 230(1)(b) of the Local Government Regulation 2012 for the appointment of a Retail Leasing Agent in relation to the Ipswich Central CBD Transformation Project be adopted by Council. C. That Council appoint Ranbury Property Services Pty Ltd as retail leasing agent for the Ipswich Central CBD Transformation Project. D. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the appointment to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
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CONFLICT OF INTEREST |
The Interim Administrator informed the meeting that he has, or could reasonably be taken to have a perceived conflict of interest in this item titled Tender Consideration Plan – Appointment of Retail Leasing Agent – Ipswich Central CBD Transformation Project.
The nature of the perceived interest is that Ranbury Management Group is the primary consultant for the CBD Redevelopment and from 2008 to 2012 he was an employee and was a director and part owner of Ranbury but has had no association with the company since then other than through his current role.
The Interim Administrator confirmed that, as there is no personal or financial benefit to the Interim Administrator, he would participate in the meeting in relation to the matter.
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DISCUSSION |
The Interim Administrator advised that the appointment of Ranbury was recommended by an independent consultant; Whittaker Group, some time ago and this continues the appointment of that group to run the leasing strategy for the CBD Transformation. The motion was put and carried. |
MEETING CLOSED |
The meeting closed at 9.10 am. |
“These minutes are subject to confirmation at the next scheduled Council Ordinary Meeting”
Council Meeting Agenda |
16 July 2019 |
Economic Development Committee NO. 2019(07)
9 July 2019
Report of the Economic Development Committee
for the Council
MEMBER’S ATTENDANCE: Greg Chemello (Interim Administrator) (Chairperson)
INTERIM MANAGEMENT
COMMITTEE ATTENDANCE: Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo
Pursuant to section 13 of Council’s Local Law No. 2 (Council Meetings), the Interim Administrator invited the Interim Management Committee being Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo to address the Economic Development Committee on any matters before it.
The Interim Administrator advised that he is bound to declare Conflict of Interests and potential Conflict of Interests and that the members of the Interim Management Committee are not legally bound, however in accordance with the Interim Management Committee Charter they will also declare Conflict of Interests and potential Conflict of Interests. |
1. Update to Council Logo Application This is a report concerning an update to Council’s City of Ipswich logo and its application across Council assets, facilities and programs. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That the update to the Council logo application be adopted and implemented as part of the Ipswich City Council Style Guide and subordinate manuals and style guides. B. That a subsequent report be submitted to a future meeting of the Economic Development Committee meeting in relation to the application of council’s logo across current sub-brands addressing the comments from the committee outlined below.
The committee noted that in relation to the Council sub-brand design and architecture outlined on page 3 of the report, that this was not what had been identified in discussions on this matter in the 19 February 2019 Economic Development Committee meeting. It was requested that a further report be presented outlining the principles and options to align or eliminate council’s sub-brands.
Stan Gallo from the Interim Management Committee commented that the idea of the council logo being sharpened and redefined represented the change that council is currently going through and that this was a good idea.
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2. 2020 Ipswich Show Holiday This is a report concerning a recommendation to the Office of Industrial Relations in regard to the suggested date for the 2020 Ipswich Show Holiday. |
Recommendation That Council accept the recommendation of the Ipswich Show Society and make application to the Office of Industrial Relations for the Ipswich Show Holiday as follows:
Day and Date: Friday 15 May 2020 Name of Event: Ipswich Annual Show Community Endorsement: Ipswich
Show Society correspondence dated
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The confidential papers associated with Item 3 are confidential as they include detailed financial information in relation to the contractural and payment arrangements with a number of sub-contractors which is commercial in-confidence. |
3. Ipswich Central Program Report No. 13 to 16 June 2019 This is a report concerning a monthly update for the Ipswich Central Program of Works.
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The Interim Administrator informed the meeting that he has, or could reasonably be taken to have a perceived conflict of interest in Item 3 titled Ipswich Central Program Report No. 11 to 16 May 2019.
The nature of the perceived interest is that he worked with Ranbury Management Group from 2008 to 2012 who are now one of the current program management partners.
The Interim Administrator confirmed that, as there is no personal or financial benefit to the Interim Administrator, he would participate in the meeting in relation to the matter. |
Recommendation That the report on the Ipswich Central Program Report No. 13 effective to 16 June 2019 be received and the contents noted.
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PROCEDURAL MOTIONS AND FORMAL MATTERS
The meeting commenced at 8.30 am.
The meeting closed at 8.37 am.
Council Meeting Agenda |
16 July 2019 |
Growth and Infrastructure Committee NO. 2019(07)
9 July 2019
Report of the Growth and Infrastructure Committee
for the Council
MEMBER’S ATTENDANCE: Greg Chemello (Interim Administrator)(Chairperson)
INTERIM MANAGEMENT
COMMITTEE ATTENDANCE: Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo
Pursuant to section 13 of Council’s Local Law No. 2 (Council Meetings), the Interim Administrator invited the Interim Management Committee being Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo to address the Growth and Infrastructure Committee on any matters before it.
The Interim Administrator advised that he is bound to declare Conflict of Interests and potential Conflict of Interests and that the members of the Interim Management Committee are not legally bound, however in accordance with the Interim Management Committee Charter they will also declare Conflict of Interests and potential Conflict of Interests. |
1. 473/2016/OW Infrastructure Credits Project Estimates Roads 10 and 11 Springfield Town Centre This is a report concerning the anticipated construction of Road 10 and Road 11 within the Springfield Town Centre (extension from Trackstar Drive to Eden Station Drive). The Developer, Springfield City Group (SCG) are seeking confirmation of the project estimate (establishment cost) to determine the maximum infrastructure credits applicable in accordance with the relevant Infrastructure Agreement. |
Recommendation
That the Interim Administrator of Ipswich City Council resolve:
A. That the maximum Establishment Cost (Project Estimate) for Road 10 and Road 11 in the amount of $6,857,681.00 be adopted.
B. That the Developer’s representative, Mr Brett Wilson of Springfield City Group, be advised accordingly.
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2. Heritage and Monuments Advisory Committee Meeting No. 209 This is a report concerning the minutes of the Heritage and Monuments Advisory Committee (meeting number 209) which was held on Thursday, 20 June 2019.
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Recommendation That the report be received and the contents noted.
Rob Jones from the Interim Management Committee queried the Executive Summary and the fact that the wording didn’t reflect what an Executive Summary should be. It was requested that in future all reports highlight any major issues or outcomes in the Executive Summary so that important matters don’t get overlooked. In this case it was felt that Item No. 8 in Attachment A in relation to the corporate archives for memorabilia should have been outlined.
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3. Court Action Status Report This is a report concerning the status of outstanding court actions. |
Recommendation That the report be received and the contents noted.
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4. Exercise Of Delegation Report This is a report concerning applications that have been determined by delegated authority for the period 5 June 2019 to 27 June 2019. |
Recommendation That the report be received and the contents noted.
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5. 2020-2021 Black Spot Program Project Submission This is a report concerning Council’s submission of projects for the 2020-2021 Australian Government Infrastructure Investment Program, Black Spot Program. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: That the projects detailed in Table 2 of this report by the Technical Officer (Traffic) dated 20 June 2019, be approved and submitted to the Department of Transport and Main Roads for funding consideration under the 2020–2021 Australian Government’s Black Spot Program.
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6. 2018-2019 iGO Annual Report Card This is a report by the Senior Transport Planner dated 21 June 2019 outlining the results of the 2018-2019 Annual Report Card for the delivery of the City of Ipswich Transport Plan (iGO). |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That the contents of the report be received and noted. B. That the Interim Administrator, Chief Executive Officer and Executive Leadership Team give due regard to the risks and consequences outlined in the report by the Senior Transport Planner dated 21 June 2019 as part of their decision making process when considering future Council investment priorities.
The General Manager (Infrastructure and Environment) queried the confidential attachment to this item and the Chief Executive Officer determined that it should not be confidential. It was requested that Attachment 4 be changed to an open document.
Simone Webbe from the Interim Management Committee made comment on the key risks to the implementation of iGO as identified in the conclusion of the report and queried whether political and fiscal influences needed to be mutually exclusive for the success of iGO. Simone asked what else could be done for the success of iGO.
The General Manager (Infrastructure and Environment) outlined that a lot of the projects in iGO are funding dependent and that it was highlighted that transport infrastructure was one of the key priority infrastructure types going forward noting that it was hard to achieve this in the rate of growth moving forward. He also outlined that part of the actions this financial year are to look at other ways to mitigate the severity of risk and that it was critical that transport infrastructure was considered in decisions going forward.
Greg Chemello (Interim Administrator) requested that the next version of the iGO report card be updated to better reflect the progress outlined in the risk register.
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The confidential papers associated with Item 7 are confidential as they contain commercial in-confidence information. |
7. Proposed New Lease for Telecommunications Purposes to Optus Mobile Pty Limited located at 102 Champions Way, Willowbank This is a report concerning a proposal from Optus Mobile Pty Limited (Optus) for a new lease to accommodate the Optus equipment shelter over Council freehold land adjoining the existing Telstra lease area TC located at 102 Champions Way, Willowbank, described as part of Lot 1 on SP308694. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) the exception referred to in section 236(1)(c)(iii) of the Regulation applies to Council on the disposal of the lease interest located at 102 Champions Way, Willowbank and described as part of Lot 1 on SP308694, by way of a new lease arrangement between Council and Optus Mobile Pty Limited for telecommunication purposes on the basis of disposal for the following terms: 1. A lease for a term of 8 years commencing 1 July 2019. B. That Council (Interim Administrator of Ipswich City Council) enter into a new lease with Optus Mobile Pty Limited for one equipment shelter for an 8 year term commencing on 1 July 2019 at a commencing annual rent of $12,000 plus GST with an annual indexation of 2.5%. C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the proposed new lease arrangement as detailed in Recommendations A and B of the report by the Property Officer dated 27 May 2019 and do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
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The confidential papers associated with Item 8 are confidential as they contain concept plans which at this stage are not publicly available. |
8. Acquisition of Land for Brassall Bikeway Stage 5 Project This is a report concerning the acquisition of land for road purposes for the Brassall Bikeway Stage 5 Project. (The Project). |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council (Interim Administrator of Ipswich City Council) having duly considered this report dated 25 June 2019, be of the opinion that the following property (shown in Attachment 1) (‘the land’) be required for acquisition for road purposes: A. Part of Lot 405 on Crown plan CC1710, 112-136 Keswick Road, Karrabin B. That Council (Interim Administrator of Ipswich City Council) exercise its power as a “constructing authority” under the Acquisition of Land Act 1967 and acquire the land, (as described in Recommendation A of this report dated 25 June 2019) for road purposes.
C. That the Chief Executive Officer be authorised to negotiate compensation and perform any other matters, arising out of the Acquisition of Land Act 1967 or otherwise, and to do any other acts necessary to implement Council’s decision to acquire this land in accordance with section 13(3) of the Local Government Act 2019.
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PROCEDURAL MOTIONS AND FORMAL MATTERS
The meeting commenced at 8.47 am.
The meeting closed at 9.13 am.
Council Meeting Agenda |
16 July 2019 |
Communities Committee NO. 2019(07)
9 July 2019
Report of the Communities Committee
for the Council
MEMBER’S ATTENDANCE: Greg Chemello (Interim Administrator) (Chairperson)
INTERIM MANAGEMENT
COMMITTEE ATTENDANCE: Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo
Pursuant to section 13 of Council’s Local Law No. 2 (Council Meetings), the Interim Administrator invited the Interim Management Committee being Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo to address the Communities Committee on any matters before it.
The Interim Administrator advised that he is bound to declare Conflict of Interests and potential Conflict of Interests and that the members of the Interim Management Committee are not legally bound, however in accordance with the Interim Management Committee Charter they will also declare Conflict of Interests and potential Conflict of Interests. |
1. Community Donations Report This is a report by the Community Grants Coordinator dated 5 June 2019 providing detail about the year to date allocation of community donations, as at 31 May 2019 (Attachment 1), and providing a summary of these community donations by recipient type (Attachment 2). |
Recommendation That the report be received and the contents noted.
Greg Chemello (Interim Administrator) queried how the review on the community donation process and promotion of the process to the community was going and asked staff to ensure that an update is reported to committee.
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2. Systematic Inspection Program to Identify Unregistered Dogs This is a report concerning the continuation of a Systematic Inspection Program to identify unregistered dogs throughout the Ipswich Local Government Area. |
Recommendation A. That a systematic inspection program for unregistered dogs, be approved and undertaken between 1 August 2019 and 31 January 2020. B. That a systematic inspection program for unregistered dogs, be approved and undertaken between 1 February 2020 and 31 July 2020. C. That the Manager, Animal Management publicly advertise the commencement of each systematic inspection program in accordance with section 114 of the Animal Management (Cats and Dogs) Act 2008.
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PROCEDURAL MOTIONS AND FORMAL MATTERS
The meeting commenced at 9.23 am.
The meeting closed at 9.26 am.
Council Meeting Agenda |
16 July 2019 |
Governance Committee NO. 2019(07)
9 July 2019
Report of the Governance Committee
for the Council
MEMBER’S ATTENDANCE: Greg Chemello (Interim Administrator)(Chairperson)
INTERIM MANAGEMENT
COMMITTEE ATTENDANCE: Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo
Pursuant to section 13 of Council’s Local Law No. 2 (Council Meetings), the Interim Administrator invited the Interim Management Committee being Jan Taylor, Simone Webbe, Robert Jones and Stan Gallo to address the Governance Committee on any matters before it.
The Interim Administrator advised that he is bound to declare Conflict of Interests and potential Conflict of Interests and that the members of the Interim Management Committee are not legally bound, however in accordance with the Interim Management Committee Charter they will also declare Conflict of Interests and potential Conflict of Interests. |
1. Council Meetings - Local Law (Repealing) Local Law No.2 (Council Meetings) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.2 (Council Meetings) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, in accordance with section 29A of the Local Government Act 2009. E. That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
It was noted that in relation to this Local Law that under the Local Government Act 2009 Council is proceeding to prepare and adopt other procedures that are consistent with the Model Meeting Procedures for the conduct of meetings. A policy will be developed and presented to Council for consideration and adoption prior to the repealing law taking effect.
Simone Webbe from the Interim Management Committee stressed the importance of informing the public during the public consultation phase that a new policy will be developed in place of the local law and that a link appears on council’s website directly to the new policy.
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2. Administration - Local Law (Amending) Local Law No.1 Administration 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.1 (Administration) 2019. |
Recommendation
That the Interim Administration of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.1 (Administration) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.1 (Administration) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.1 (Administration) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.1 (Administration) 2019, in accordance with section 29A of the Local Government Act 2009. E. That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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3. Commercial Licensing - Local Law (Amending) Local Law No.3(Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019 subject to public consultation and a future report as outlined in Recommendation F. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 has been undertaken and has identified potential anti-competitive provisions. C. That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below. D. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as detailed in Clause A above. E. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019, in accordance with section 29A of the Local Government Act 2009. F. That, following public consultations and the State Government interest check, as detailed in Clauses C, D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
Simone Webbe from the Interim Management Committee queried the processes with pet day care and whether dog registration would be checked prior to dogs being allowed access as this would then be another way to assist in ensuring dog registrations. The Strategic Policy and Systems Manager advised that this would be investigated.
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4. Permits - Local Law (Amending) Local Law No.4 (Permits) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.4 (Permits) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.4 (Permits) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019 subject to public consultation and a future report as outlined in Recommendation F. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.4 (Permits) 2019 has been undertaken and has identified potential anti-competitive provisions.
C. That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below. D. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.4 (Permits) 2019, as detailed in Clause A above. E. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.4 (Permits) 2019, in accordance with section 29A of the Local Government Act 2009. F. That, following public consultations and the State Government interest check, as detailed in Clauses C, D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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5. Parking - Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019. |
Recommendation
That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.5 (Parking) 2019, in accordance with section 29A of the Local Government Act 2009. E. That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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6. Animal Management - Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019 subject to public consultation and a future report as outlined in Recommendation F. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 has been undertaken and has identified potential anti-competitive provisions.
C. That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below. D. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as detailed in Clause A above. E. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.6 (Animal Management) 2019, in accordance with section 29A of the Local Government Act 2009. F. That, following public consultations and the State Government interest check, as detailed in Clauses C, D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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7. Local Govt Controlled Areas and Roads - Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019, in accordance with section 29A of the Local Government Act 2009. E. That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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8. Nuisances and Community Health and Safety - Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Amending Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Amending Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019, in accordance with section 29A of the Local Government Act 2009. E. That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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9. Extractive Industries - Local Law (Repealing) Local Law No. 25 (Extractive Industries) This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 in accordance with section 29A of the Local Government Act 2009. E. That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
It was noted that in relation to this Local Law that other legislation including the Ipswich City Council Planning Scheme and the Environmental Protection Act 1994 will assist in managing and protecting environmental and nuisance risks.
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10. Vegetation Management - Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No. 49.1 (Protection of Important Vegetation) 2019 This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws. Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council propose to make Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019 subject to public consultation and a future report as outlined in Recommendation E. B. That it be noted that a review of the proposed Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019 has been undertaken and no anti-competitive provisions have been identified. C. That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019, as detailed in Clause A above. D. That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019. E. That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.
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11. Monthly Performance Report - May 2019 This is a report concerning Council performance for the period ending 31 May 2019, submitted in accordance with Section 204 of the Local Government Regulation 2012. |
Recommendation That the report be received and the contents noted.
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12. Policy and Procedure Management Framework and the Review of Ipswich City Council's Policy Portfolio This is a report by the Strategic Client Manager dated 1 July 2019 concerning development of an Ipswich City Council Policy and Procedure Management Framework under Business Transformational Project 9 – Policies, Procedures and Local Laws (TP9) and the proposed review of council’s existing suite of policies. |
Recommendation
That the Interim Administrator of Ipswich City Council resolve: A. That Council (Interim Administrator of Ipswich City Council) adopt the Ipswich City Council Policy and Procedure Management Framework as outlined in Attachment 1. B. That Council (Interim Administrator of Ipswich City Council) note the proposed process and timeframe for the review of Ipswich City Council’s suite of policies. C. That Council (Interim Administrator of Ipswich City Council) note the proposal to repeal existing policies which may be redundant or identified for transition to an administrative directive, procedure or supporting document.
Simone Webbe from the Interim Management Committee suggested that in relation to the Policy and Procedure Management Framework (Attachment 1) that the words Communicate and Implement be swapped around in the section titled Policies and Procedures Process.
Simone Webbe also made the comment that due to the review of council’s policies and the conversion of some policies to administrative directives, it was important that council doesn’t lose transparency and accountability. She also stated that it was important that there was a clear definition of what “publish” means and a set of work instructions on publishing these documents.
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13. Proposed New Trustee Lease Over Reserve for Recreation Purposes - Australian Crawl (Goodna) Pty Ltd - 19A Toongarra Road Leichhardt This is a report concerning the proposed Trustee Lease between Ipswich City Council as Trustee and Australian Crawl (Goodna) Pty Ltd for the whole of the land described as Lot 39 on Crown Plan 902321. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council terminate the Swimming Pool Management Agreement with Australian Crawl (Goodna) Pty Ltd located at 19A Toongarra Road Leichhardt described as Lot 39 on Crown Plan 902321. B. That Council, as Trustee of the Reserve located at 19A Toongarra Road Leichhardt, enter into a Trustee Lease with Australian Crawl (Goodna) Pty Ltd pursuant to section 236(1)(c)(iii) and (2) of the Local Government Regulation 2012 (QLD). C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the Trustee Lease to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
Greg Chemello (Interim Administrator) stated that this was a similar report to a previous one presented to committee and that because council doesn’t have the correct tenure in place it can’t proceed with the lease until the tenure has been changed.
Simone Webbe (Interim Management Committee) commented that there have been a few examples of where wrong tenure had been used and queried whether this had been communicated to the relevant areas in order to process map the learnings from this. |
14. Proposed Amendment to 2019-2020 Register of Fees and Charges This is a report concerning the proposed amendments to the 2019-2020 Register of Fees and Charges, specifically section 4.2.1 Reconfigure of a lot Proposal (includes opening roads) and PDA Permissible Development. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: That the 2019-2020 Register of Fees and Charges be amended, as detailed in Attachment 1, and adopted with effect from 16 July 2019.
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The confidential papers associated with Item 15 are confidential as they include commercial in-confidence information. |
15. Acquisition of Part of State Land Located at 61 Nicholas Street, Ipswich and the Disposal of Council Freehold Land Located at Lot 311 Clay Street, Ipswich for Park Purposes This is a report concerning the acquisition of part of Reserve land owned by the State of Qld (the State) and the disposal of Council freehold land to be dedicated as Park, to resolve the encroachment of a deck and a historical encroachment of part of buildings on Reserve land. |
Recommendation That the Interim Administrator of Ipswich City Council resolve: A. That Council (Interim Administrator of Ipswich City Council) having duly considered this report dated 7 June 2019, be of the opinion that the following property (‘the land’) be acquired: a. Part of Lot 5 on Crown Plan I16205, 61 Nicholas Street, Ipswich B. That Council (Interim Administrator of Ipswich City Council) resolve pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) that the exception referred to in section 236(1)(b)(i) of the Regulation applies to Council for the disposal of the following property (‘the land’) to be dedicated to the State of Queensland as Park: a. Lot 311 on SP304375, Lot 311 Clay Street, Ipswich C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the acquisition and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009 on the basis that transaction is for the lease of the property. |
PROCEDURAL MOTIONS AND FORMAL MATTERS
The meeting commenced at 9.46 am.
The meeting closed at 10.27 am.
Council Meeting Agenda |
16 July 2019 |
ITEM: L.1
SUBJECT: Change to committee meeting times
AUTHOR: Administration Support Manager
DATE: 11 July 2019
This is a report concerning a proposed change to Council Standing Committees commencement times. This specifically relates to the adjournment period between Committees to allow for a shorter timeframe if required.
That the Interim Administrator of Ipswich City Council resolve:
That in accordance with section 277(4) of the Local Government Regulation 2012 the Standing Committees of Council be at the times detailed below:
Economic Development |
Tuesday |
8.30 am |
Growth and Infrastructure |
Tuesday |
9.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Economic Development Committee. |
Communities |
Tuesday |
10.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Growth and Infrastructure Committee. |
Environment |
Tuesday |
11.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Communities Committee. |
Governance |
Tuesday |
12.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Environment Committee. |
Not applicable for this report.
Listening, leading and financial management
Council’s Standing Committees are held on a Tuesday on a sequential basis. The commencement time of each Committee, apart from the first meeting of the day, is dependent on the conclusion time of the previous Committee, with a ten (10) minute grace period between meetings. This can cause delays when meetings finish early or there are no agenda items submitted for a Committee, with the 10 minute grace period still applying.
In order to streamline this process it is proposed that the 10 minute grace period be changed to “within any period of time up to a maximum of 10 minutes” which would be at the Chairperson’s discretion and depend on the various circumstances.
Not applicable to this report.
There are no actual risks to this proposed change, however at present Council meeting procedures could be viewed by the community as being inefficient and inflexible given that the flow of meetings is not continuous and timely with attendees having to wait for meetings to commence.
This report and its recommendations are consistent with the following legislative provisions:
Local Government Regulation 2012
This matter was discussed by the Chief Executive Officer and the Interim Administrator at Committee meetings held on 9 July 2019 and it was suggested that a report to Council be prepared to address this issue.
This reports recommendation, if adopted, will improve the flow and efficiency of Council’s Standing Committee meetings.
Vicki Lukritz
Administration Support Manager
I concur with the recommendations contained in this report.
Andrew Knight
General Manager - Corporate Services
I concur with the recommendations contained in this report.
David Farmer
Chief Executive Officer
“Together, we proudly enhance the quality of life for our community”
Council Meeting Agenda |
16 July 2019 |
ITEM: L.2
SUBJECT: Tender Consideration Plan - Civic Project Audit Consultants and Retail Project Design Consultants
AUTHOR: General Manager - Coordination and Performance
DATE: 10 July 2019
Executive Summary
This is a report concerning consultants previously engaged (directly or indirectly) by Ipswich City Properties (ICP) on the Ipswich Central CBD Transformation Project recommending that new or revised agreements with Ipswich City Council (Council) be established in accordance with a Tender Consideration Plan (TCP).
The Local Government Regulation 2012 Section 230 allows a local government to enter into medium and large contractual agreements, without first inviting written quotes or tenders, through the preparation and adoption of a TCP. The TCP provides the information required to comply with the regulation and to justify the use of the plan as an effective and appropriate alternative to seeking quotes or to calling for open tenders.
The scope of services to which the TCP relates are summarized below:
· Civic Project Audit Consultants (selected disciplines)
· Retail Project Schematic Design Consultants (selected disciplines)
That the Interim Administrator of Ipswich City Council resolve:
A. That a Tender Consideration Plan be prepared in accordance with section 230(1)(a) of the Local Government Regulation 2012 for selected consultants to provide Civic Project Audit and Retail Design Services as outlined in the report by the General Manager – Coordination and Performance dated 10 July 2019.
B. That the Tender Consideration Plan as set out and outlined in the report by the General Manager – Coordination and Performance dated 10 July 2019 (“the Report”) in accordance with section 230(1)(b) of the Local Government Regulation 2012 for selected consultants to provide Civic Project Audit and Retail Design Services, be adopted by Council.
C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contracts to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
RELATED PARTIES
Various consultants as outlined in the Report.
Advance Ipswich Theme Linkage
Strengthening our local economy and building prosperity
Purpose of Report/Background
ICP has previously engaged a number of consultants and sub-consultants for
works pertaining to the Ipswich Central CBD Transformation Project and the
ongoing operations of Ipswich City Square.
Due to winding up of ICP and the integration of the assets and business operations into Ipswich City Council passed by Council Resolution on 27 June 2019 and to ensure continuity of project works in relation to the CBD Redevelopment Project, it is recommended that key consultants be engaged directly by Council or where the consultants have previously been engaged directly to Council that their engagement be varied to include required works.
A detailed Tender Consideration Plan is included in Attachment 1.
Estimated engagement values are listed in confidential consultant summary reports in Attachments 2 and 3.
The consultants have been grouped as follows:
Novated Consultants (new agreement)
The following consultant is currently in the process of being novated to Council however the agreement is likely to be novated on further to the Ipswich Central Civic Project D&C Contractor. Their work to date includes elements of scope outside the Civic Project and it is recommended a new agreement be formed according to Council’s standard terms to conclude work on this activity (Retail Project Design):
- Buchan Group (Architects)
ICP Design Sub-consultants / Local Buy
The following consultants were engaged by ICP as sub-consultants. The contracts they operated within are being novated to Council, however it is recommended that these sub-consultants now be directly engaged by Council using standard terms of engagement, and that the scope of services be updated to reflect revised timing and project requirements. It is noted these Consultants are registered on Local Buy (except for MacKenzie Group):
- Bornhorst & Ward (Structural Engineers)
- WSP (Building Services Consultants)
- Rider Levett & Bucknall (Cost Consultants)
- MacKenzie Group (Building Code Consultants)
- Veris (Land Surveyors)
Council Consultants (Local Buy)
The following consultants have been engaged by Council using standard terms of engagement. These engagements may include aggregate final values more than $15,000 however it is noted these Consultants are registered on Local Buy:
- Mode
- Cardno
Financial/RESOURCE IMPLICATIONS
Any additional resources required as a result of the engagement of these supplier or contractors on the Ipswich Central CBD Transformation Project will be funded within current project budget allocations.
RISK MANAGEMENT IMPLICATIONS
Existing contracts terms and conditions have been subject to legal review to ensure all rights, obligations and securities have been transferred as part of the novation of the contracts to Council. If the existing suppliers and contractors were not novated and new procurement processes were undertaken there would be significant delays to the project and potential loss of knowledge and experience on the project.
New engagements will be formed on the basis of Council’s standard terms (including modifications to confirm with Local Buy) in consultation with Council’s legal advisors.
Legal/Policy Basis
This report and its recommendations are consistent with the following legislative provisions:
• Section 230(1) (a) and (b) of the Local Government Regulation 2012
COMMUNITY and OTHER CONSULTATION
Nil.
Conclusion
It is recommended that Council agree to revising existing agreements or creating new agreements in accordance with the attached TCP for the following reasons:
· Ensure continuity of project works
· Transfer rights and obligations under existing contracts for the benefit of Council
· Avoid delays associated with standard procurement process
· Avoid gaps in service which may place the Council at risk of deficient design review
Attachments and Confidential Background Papers
1. |
Tender Consideration Plan ⇩ |
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CONFIDENTIAL |
2. |
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3. |
Sean Madigan
General Manager - Coordination and Performance
I concur with the recommendations contained in this report.
David Farmer
Chief Executive Officer
“Together, we proudly enhance the quality of life for our community”
Meeting Agenda |
16 July 2019 |
ITEM: L.3
SUBJECT: Queensland Audit Office 2019 Interim Audit Report
AUTHOR: Principal Financial Accountant
DATE: 8 July 2019
This is a report concerning the Queensland Audit Office 2019 interim audit report for the financial year ending 30 June 2019 detailing the results of QAO’s interim work performed to 28 February 2019, including a review of relevant information systems controls.
That the report be received and the contents noted.
Queensland Audit Office
Listening, leading and financial management
During the interim audit QAO assessed the design and implementation of Council’s internal controls and whether they are operating effectively. The report details six significant deficiencies in Council’s internal controls in the areas of the SAP payroll system and the management of Pathway and Oracle.
As detailed in the report, Council has considered and agreed with QAO’s recommendations. Council’s response is detailed in the report which details Council’s corrective plan of action to comply with QAO’s recommendations.
No relevance to this report.
The risk in not complying with the Queensland Audit Office’s recommendations detailed in the report would result in a lack of accountability, transparency and potential fraudulent activity.
This report and its recommendations are consistent with the following legislative provisions:
Local Government Act 2009
Local Government Regulation 2012
No relevance to this report.
That the Queensland Audit Office (QAO) 2019 interim audit report be received and noted. Council is currently in the process of implementing corrective action that complies with QAO’s recommendations.
1. |
Queensland Audit Office 2019 Interim Audit Report ⇩ |
Barbara Watson
Principal Financial Accountant
I concur with the recommendations contained in this report.
Jeffrey Keech
Finance Manager
I concur with the recommendations contained in this report.
Andrew Knight
General Manager - Corporate Services
“Together, we proudly enhance the quality of life for our community”