Council

Meeting Agenda

24 March

2020

BUSINESS

A. OPENING OF MEETING:

B. WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY:

C. OPENING PRAYER:

D. APOLOGIES AND LEAVE OF ABSENCE:

E. CONDOLENCES:

F. TRIBUTES:

G. PRESENTATION OF PETITIONS:

H. PRESENTATIONS AND DEPUTATIONS:

I. PUBLIC PARTICIPATION:

J. CONFIRMATION OF MINUTES:

1. Ipswich City Council - Minutes of Meeting of 25 February 2020........................................................ 5

K. MAYORAL MINUTE:

L. DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA:

M. BUSINESS OUTSTANDING – INCLUDING CONDUCT MATTERS AND MATTERS LYING ON THE TABLE TO BE DEALT WITH:

N. RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS:

2. Economic Development Committee's Report....... 9

3. Growth and Infrastructure Committee's Report. 11

4. Communities Committee's Report...................... 13

5. Governance Committee's Report........................ 15

O. OFFICERS' REPORTS:

· Delegation of Council Powers and Functions to Chief Executive Officer......................................... 17

P. NOTICES OF MOTION:

Q. QUESTIONS ON NOTICE:

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Council

Meeting Agenda

24 March

2020

Unconfirmed Minutes of Council Ordinary Meeting

25 February 2020

Held in the Council Chambers, Administration Building

45 Roderick Street, Ipswich

The meeting commenced at 9.00 am

ATTENDANCE AT COMMENCEMENT	Steve Greenwood (Interim Administrator)
WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY	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	Steve Greenwood (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.
ATTENDANCES INCLUDING 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 28 January 2020 be confirmed.

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. 2020(01) of 18 February 2020 be received and adopted.

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. 2020(01) of 18 February 2020 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. 2020(01) of
18 February 2020 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. 2020(01) of
18 February 2020 be received and adopted, subject to an amendment to Item 2 titled Payment of Membership to Healthy Land and Water, by the deletion of the current recommendation, the insertion of a new proposed recommendation and an addendum to Item 2 outlining the justification for the payment of Council’s annual membership fees.

AMENDMENT

ITEM 2

Deletion of the current recommendation as detailed below:

That the Interim Administrator of Ipswich City Council resolve:

That the 2019 -2020 annual membership payment to Healthy Land and Water be approved, as detailed previously in the meeting of the Environment Committee, August 2019 (Attachment 1), as an exemption under Local Government Regulation 2012, Division 3 Exceptions for medium-sized and large-sized contractual arrangements, section(s) 235 a and b.

Insertion of a new recommendation as detailed below:

That the Interim Administrator of Ipswich City Council resolve:

A. That pursuant to s235(b) of the Local Government Regulation 2012 (Regulation) Council resolve it is satisfied under s235(b) of the Regulation that the exception referred to in s235(b) of the Regulation applies and that the monitoring of Council waterways is such a specialised arrangement that it would be impractical for Council to invite tenders or quotations.

B. That Council enter into a contract (agreement) with Healthy Land and Water Ltd for the provision of Monitoring Council Waterways for a period of three (3) years.

C. 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 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.

Governance Committee

The Interim Administrator of the Ipswich City Council resolves:

That the Governance Committee Report No. 2020(01) of
18 February 2020 be received and adopted, subject to the amendment of Attachment 1 within Item 6 – Operational Plan 2019-2020 Quarter Two Performance.

AMENDMENT

ITEM 6

That Attachment 1 titled 2019-2020 Operational Plan Qtr 2 Reporting be amended by on page 2 of the attachment, under the heading Deliverables 2019-2020 for the item listed as Design and deliver a collection of library pods at strategic locations throughout the city, the status of “Complete” be changed to “On Track”.

The Rationale for this amendment is that while the activity for the 19/20 financial year is complete, this is part of a multi-year deployment and as the objective relates to the broader project as part of the Corporate Plan, the status should reflect against the entire project not just the financial year period.

The motion was put and carried.

Officers’ Reports

Budget Amendment - December 2019

The Interim Administrator of the Ipswich City Council resolves:

That the proposed amended 2019-2020 Budget and Long Term Financial Forecast, as detailed in Attachments 1, 2 and 3, to the report by the Finance Manager dated 6 February 2020, be adopted.

The motion was put and carried.

Amended Meeting Procedures Policy

The Interim Administrator of the Ipswich City Council resolves:

That the policy titled “Meeting Procedures”, be amended as detailed in Attachment 2.

The motion was put and carried.

Report - Audit and Risk Management Committee No. 2020(01) of 12 February 2020

The Interim Administrator of the Ipswich City Council resolves:

A. That the report of the Audit and Risk Management Committee No. 2020(01) of 12 February 2020 be received and the contents noted.

B. That the Strategic Risk Register together with associated action plans be included as an agenda item for the next meeting of the Audit and Risk Management Committee.

C. That minutes from the Project Steering Committee be included as a standing agenda item on the Audit and Risk Management Committee.

D. That the minutes of the recently established ELT Risk Committee be presented to the Audit and Risk Management Committee.

E. That only exceptions to the procurement process be included in future updates to the Audit and Risk Management Committee.

F. That an ICT Strategic Implementation Status Report be included as a standing item on each Audit and Risk Management Committee.

G. That the Manager, People and Culture provide a comprehensive update on the People and Culture Branch against the strategic plan including key risks, to the next meeting of the Audit and Risk Management Committee.

The motion was put and carried.

MEETING CLOSED

The meeting closed at 9.14 am

“These minutes are subject to confirmation at the next scheduled Council Ordinary Meeting”

Council

Meeting Agenda

24 March

2020

Economic Development Committee NO. 2020(02)

17 March 2020

Report of the Economic Development Committee

for the Council

ATTENDANCE: Steve Greenwood (Interim Administrator)

APOLOGIES: Nil

The Interim Administator advised that he is bound to declare conflict of interests and potential conflict of interests and that for this committee he has no conflict of interests.

1. Ipswich Central Program Report No. 22 to 6 March 2020

This is a report concerning a monthly update for the Ipswich Central Program of Works.

The attachment/s to this report are confidential in accordance with section 275(1)(c), (e), (h) of the Local Government Regulation 2012.

Recommendation

That the report on the Ipswich Central Program Report No. 22 effective to 6 March 2020 be received and the contents noted.

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 8.30 am.

The meeting closed at 8.34 am.

Council

Meeting Agenda

24 March

2020

Growth and Infrastructure Committee NO. 2020(02)

17 March 2020

Report of the Growth and Infrastructure Committee

for the Council

ATTENDANCE: Steve Greenwood (Interim Administrator)

APOLOGIES: Nil

The Interim Administator advised that he is bound to declare conflict of interests and potential conflict of interests and that for this committee he has no conflict of interests.

1. Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 10 February 2020 to 6 March 2020.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

2. Court Action Status Report

This is a report concerning a status update with respect to current court actions associated with development planning related matters including one other significant matter of dispute that the Planning and Regulatory Services Department is currently involved with.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

3. Redbank Plains Road Upgrade Corridor Plan - Stage 4

This is a report concerning the outcomes of a corridor planning study for the upgrade of Redbank Plains Road between the Cunningham Highway and Collingwood Drive (Stage 4).

The attachment/s to this report are confidential in accordance with section 275(1)(h) of the Local Government Regulation 2012.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A. That the preferred alignment and configuration of the Redbank Plains Road Stage 4A and Stage 4B Upgrade, as outlined in the report by the Senior Engineer (Transport Planning) dated 2 March 2020, be adopted and be used to inform future detailed design activities.

B. That the footprint of the adopted alignment and configuration of the Redbank Plains Road Stage 4A and Stage 4B Upgrade (refer Recommendation A above) be protected through Council’s strategic corridor preservation, tactical property acquisition and development assessment activities.

C. That the properties identified in the report by the Senior Engineer (Transport Planning) dated 2 March 2020 as being impacted by the footprint of the adopted alignment and configuration of the Redbank Plains Road Stage 4A and Stage 4B Upgrade (refer Recommendation A above) be flagged as an interest to Council for future strategic road purposes in Council’s property database.

D. That the ‘order of cost’ identified in the report by the Senior Engineer (Transport Planning) dated 2 March 2020 for the preferred alignment and configuration of the Redbank Plains Road Stage 4A Upgrade (refer Recommendation A above) be noted and considered for future investment programming activities.

E. That an appropriate communication strategy be developed and implemented for Redbank Plains Road Stage 4A Upgrade as the project progresses through the detailed design process.

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 8.35 am.

The meeting closed at 8.50 am.

Council

Meeting Agenda

24 March

2020

Communities Committee NO. 2020(02)

17 March 2020

Report of the Communities Committee

for the Council

ATTENDANCE: Steve Greenwood (Interim Administrator)

APOLOGIES: Nil

The Interim Administator advised that he is bound to declare conflict of interests and potential conflict of interests and that for this committee he has no conflict of interests.

1. Community Donations Report

This is a report providing detail about the year to date allocation of community donations as at 29 February 2020 and providing a summary of these community donations by recipient type.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 8.51 am.

The meeting closed at 8.53 am.

Council

Meeting Agenda

24 March

2020

Governance Committee NO. 2020(02)

17 March 2020

Report of the Governance Committee

for the Council

ATTENDANCE: Steve Greenwood (Interim Administrator)

APOLOGIES: Nil

The Interim Administator advised that he is bound to declare conflict of interests and potential conflict of interests and that for this committee he has no conflict of interests.

1. Review of Policies - Corporate Services Department

This is a report concerning the continuing review of policies within the functional responsibility of the Corporate Services Department.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A. That the policy titled ‘Review of Statutory Decisions including Penalty Infringement Notices’ as detailed in Table 1, be adopted, as amended.

B. That the five (5) policies detailed below and outlined in Table 2, be repealed:

Ex-Gratia Payments Policy

Withdrawal of Infringement Notice Policy

Enterprise Risk Management Policy

Mail-out Postage Distribution Authorisation Policy

Damage to Private or Commercial Property caused by trees on Council owned or controlled land Policy

C. That the policy titled ‘Reward for Information Offered by Council’, be amended as detailed in Table 3.

The General Manager (Corporate Services) suggested a minor amendment to the policy outlined in Recommendation A titled ‘Review of Statutory Decisions including Penalty Infringement Notices Policy’. The amendment relates to section 7 of the policy (Key Stakeholders) where the wording Regulatory Services Department should be Planning and Regulatory Services Department.

The Interim Administrator agreed with the suggested amendment.

2. Monthly Financial Performance Report - January 2020

This is a report concerning Council’s financial performance for the period ending 31 January 2020, submitted in accordance with section 204 of the Local Government Regulation 2012.

A budget amendment was approved by Council in February 2020 relating to a number of the variances. The budget amendment will be reflected in the February 2020 results.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

3. Overdue General Rates and Utility Charges - October to December 2019

This is a report by the Treasury Accounting Manager dated 6 March 2020 concerning rate arrears and rate collection statistics for the period October-December 2019.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 8.54 am.

The meeting closed at 9.10 am.

Council

Meeting Agenda

24 March

2020

Doc ID No: A6114373

ITEM: 1.1

SUBJECT: Delegation of Council Powers and Functions to Chief Executive Officer

AUTHOR: Acting Manager Legal and Governance (General Counsel)

DATE: 13 March 2020

Executive Summary

This is a report concerning the amendment of the current delegation instrument (powers and functions) from Council to the Chief Executive Officer (CEO) to include the new powers under the Human Rights Act 2019, and minor amendments to the Local Government Regulation 2012, and resolves to delegate the powers contained in the amended Instrument of Delegation of powers and functions from Council to the CEO.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A. That the Interim Administrator of Ipswich City Council repeal the instruments of delegation from Council to the Chief Executive Officer as detailed in Attachment 1 of this report dated 13 March 2020.

B. That the Interim Administrator of Ipswich City Council delegates the powers or functions of the Ipswich City Council to the Chief Executive Officer in accordance with Delegation Instrument LGD-2020-1, as amended, (including the amended attached schedule of powers) as detailed in Attachment 2 of this report dated
13 March 2020.

RELATED PARTIES

There are no related party matters associated with this report.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

Section 257 of the Local Government Act 2009 (”LGA”) provides the head of power to local governments to delegate their powers and functions, by resolution, to the CEO.

The Human Rights Act 2019 (HRA) commenced on 1 January 2020. The Legal Services Section and Legal and Governance (Manager) have identified a number of potential delegated powers under the new HRA and recommend to Council, that Council delegate the powers, contained in attachment 2, from Council to the CEO.

Under section 58 the HRA, Council must act and make decisions in a way that is compatible with human rights and also give consideration to human rights when making a decision. Most of the requirements under the HRA are obligations, when making decisions and not delegated powers. Amendment is sought to the schedule of the Council to CEO Instrument (LGD2019-1)

· Amendment to the schedule of the Council to CEO instrument (LGD2019-1) to include the new powers of Council under the Human Rights Act 2019 and for Council to delegate those powers to the CEO.

· An Amendment is also sought to one section of the schedule of Local Government Regulation 2012, in Instrument (LGD2019-1) to include an additional power s 130(10) of the Regulation, which was not properly identified in the old delegation instrument from Council to the CEO.

Repeal of old Instruments of delegation from repealed local government acts.

The Governance Project Officer from Corporate Governance has also located some old instruments of delegation from Council to the CEO under repealed legislation. The delegations were under the now repealed Local Government Act 1993, and there is no indication they have ever been repealed by Council. These instruments were not located with the original delegation instruments from Council to the CEO

Whilst the instruments are totally ineffective, in practical terms, for the purpose of completeness, we recommend formal repeal of the instruments (contained in attachment 1, to this report).

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

The current existing instruments of delegation from Council to the CEO must meet the legal requirements under the LGA and LGR. In order that a delegation of power is to be effective under s257 of the LGA it must relevantly contain, for the purpose of section 260(1) of the LGA, the particulars prescribed under section 305(1) of the LGR.

The amendments to the schedule of powers contained in delegation instrument from Council to the CEO, meet that criteria.