Council

Special Meeting Agenda

27 April

2020

 

IPSWICH

CITY

COUNCIL

 

 

AGENDA

 

 

of the

 

 

Council post-election Meeting

 

 

 

Held in the Council Chambers

2nd floor – Council Administration Building

45 Roderick Street

IPSWICH QLD 4305

 

 

On Monday, 27 April 2020

At 2.00 pm

BUSINESS

A.             OPENING OF MEETING:

B.             WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY:

C.             OPENING PRAYER:

D.             APOLOGIES AND LEAVE OF ABSENCE:

E.             Mayoral Minute:

·      Transparency and Integrity Hub............ 5

F.             Business Outstanding:

·      Correcting an administrative error with respect to the effective day of commencement of the TLPI No.2/2020.......................................... 105

G.            Officers' reports:

·      2020 Local Government Quadrennial Election Report.................................. 113

·      Appointment of Deputy Mayor......... 119

·      Date and Form of Future Council Meetings............................................ 121

·      Councillor members of the Audit and Risk Management Committee........... 149

·      Nomination of a District Representative to the LGAQ Policy Executive............ 165

·      Appointment of the Chairperson and Deputy Chairperson of the City of Ipswich Local Disaster Management Group................................................ 171

·      Appointment of members to the Ipswich Rivers Improvement Trust... 173

·      Shareholder Representative for Ipswich City Council's Controlled Entities....... 177

·      Cherish the Environment Foundation Limited - 2018-2019 Financial Statements and Final Management Report................................................ 181

·      Cherish the Environment Foundation - Council Representatives.................... 223

·      Rates relief in response to COVID-19 227

·      Community Donation Request - Requests Exceeding $15,000 In the 2019-2020 Financial Year.................. 233

·      Delegation to CEO to enter into contract under Local Buy Contract for the supply of electricity for small contestable sites.................................................... 239

·      Delegation of Council Powers and Functions to Chief Executive Officer. 243

·      Extension of Ranbury Management Group Contract, Nicholas St - Ipswich Central Project................................... 479

·      Monthly Financial Performance Report - February 2020 and March 2020........ 483    

 

--ooOOoo--

   


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6186849

 

ITEM:              E.1

TITLE:             MAYORAL MINUTE - Transparency and Integrity Hub

AUTHOR:       MAYOR TERESA HARDING

RECOMMENDATION

 

That Council:

A.   Establish and implement the Ipswich City Council Transparency and Integrity Hub, a digital portal that enables the publication of financial data displayed as contemporary open data (intuitive, interactive, auditable and downloadable by selection) suitable for public consumption. The Transparency and Integrity Hub will enable the Underpinning Principles and Hub Deliverable and will be launched by 1 July 2020.

 Underpinning Principles

1.    Adopt global best practice approach to open and transparent public sector financial management

2.    Demonstrate responsible and transparent governance and decision-making

3.    Enable data-driven decision making and rebuild public and stakeholder trust

Hub Deliverable

1.    Publish as near to real-time financial data for Ipswich City Council in an open, transparent, interactive portal including, at a minimum:

a.    Previous five financial years financial data including detailed project income and expenditure financial data for major projects i.e. The Smart City Program.

b.    Council’s 2020-2021 Budget, once adopted;

c.    Quarterly financial reporting against the budget.

 

2.    Publish detailed income and expenditure financial data for all current and past Council beneficial (controlled) entities enabling comparison over the previous five financial years, including:

i.     Ipswich City Developments Pty Ltd (deregistered) ABN 155 142 288

ii.    Ipswich City Developments Pty Ltd (deregistered) (former name Ipswich City Developments Enterprises Pty Ltd) ABN 167 100 441

iii.   Ipswich City Enterprises Pty Ltd ABN 095 487 086

iv.   Ipswich City Enterprises Investments Pty Ltd ABN 127 862 515

v.    Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation) ABN 135 760 637

vi.   Ipswich Motorsport Park Pty Ltd (deregistered) (former name Ipswich Motorsport Precinct Pty Ltd) ABN 611 160 902

3.    Publish all contracts valued $200,000 or more (excluding GST) for a rolling period of five consecutive years. New data will continue to be published monthly (in accordance with the Local Government Regulation 2012) and the information published will be improved in alignment with best practice across Queensland and Australia. The new register will include:

a.    Suppliers who tendered a response

b.    Person/company with whom Council has entered into the contract

c.    Contract number

d.    Commencement and end dates

e.    Value of the contract (estimated/ maximum value)

f.     Purpose of the contract/ description of goods and service procured

g.    Approver/ Council decision reference (i.e. link to published minutes)

 

4.    Publish all Councillor related expenses, allowances and reimbursements for each month including contextual details of expenses incurred and purpose to enable benchmarking and comparison. Data will be published for the previous five financial years. Where travel costs have been absorbed by specific project costs, these should also be included.

B.   Procure, through open tender, a suitable digital platform to enable the delivery of the Transparency and Integrity Hub, ensuring that the platform:

●    is intuitive and user friendly, easy to maintain, secure and auditable;

●    enables contemporary open data (intuitive, interactive, auditable and downloadable by selection);

●    is best of breed software for the task for public sector transparency;

●    creates efficiencies in financial data reporting;

●    enables visualisations and context suitable for public consumption;

●    allows data to be downloaded as CKAN OpenData;

●    produces data in machine readable format; and

●    directly integrates with Council systems and solutions for ease of use rapid adoption.

 

C.    Bring forward a review of Council’s Open Data Policy to ensure alignment with best-practice approaches to publishing financial data.

D.   Prepare a report to Council (and for public viewing) on the Smart City Program including detailed project financial data for the past five financial years and the community outcomes delivered.

 

Summary

 

Message from the Mayor

After 20 months in administration, the 2020 Local Government Election represents a fresh start for the residents and ratepayers of Ipswich City Council.

Transparency, accountability and integrity are at the heart of good governance and must be at the centre of every action taken by this elected Council and across the local government organisation.

It has never been more important for us, as elected members and for our executive leaders, to go above and beyond and become the best performing local government in Queensland and Australia.

At our Declaration of Office we accepted the responsibility of upholding local government principles under the Local Government Act 2009, which are:

a)    transparent and effective processes, and decision-making in the public interest; and

b)   sustainable development and management of assets and infrastructure, and delivery of effective services; and

c)    democratic representation, social inclusion and meaningful community engagement; and

d)   good governance of, and by, local government; and

e)    ethical and legal behaviour of Councillors and local government employees.

As the first meeting of this newly elected Council, this day draws an important line in the sand for residents and ratepayers. As their new Council, we must all demonstrate the highest standard of leadership and deliver a transparent, accountable and high performing local government.

This is not just important because “it’s the right thing to do”, but because it is Council’s duty to rebuild trust and inspire community and business confidence.

The establishment of the Transparency and Integrity Hub will require an initial and ongoing investment in digital infrastructure. It will be important to ensure the cost of ensuring transparency, accountability and integrity outweigh the significant cost of doing nothing. 

The estimated cost to establish the Hub is 0.25% of the $78 million lost by Ipswich City Properties (ICP) or 0.032% of the Council’s 2019-20 budget ($606.1 million). The unquantifiable benefits of restoring community trust and acting in the public interest will ensure this investment provides value for money for the community. To ensure this, the Transparent Governance Community Reference Group will be called upon to provide advice and views and make recommendations to inform the development of the Hub.

Underpinning Principles

The underpinning principles have been developed to enable the community to understand how their rates, fees and charges are being spent and to benchmark Council’s performance over time.

1.    Adopt global best practice approach to open and transparent public sector financial management

To demonstrate our commitment to our community and in-line with global best practice, financial data shall be published in an open and transparent manner, as contemporary open data (intuitive, interactive, auditable and downloadable by selection) suitable for public consumption for Ipswich City Council and all beneficial (controlled) entries for a minimum rolling period of 5 years.

2.    Demonstrate responsible and transparent governance and decision-making

To demonstrate our commitment to transparent governance, all expenses related to elected Council, as covered in the Councillor Expenses Reimbursement and Administrative Support Policy should be published in detail in an open and transparent format. In the interest of enabling benchmarking, this data should be published for a minimum rolling period of 5 years (in this case including the previous Council’s term). 

To demonstrate transparent decision-making, improvements must be made to data published in relation to procurement and contracts entered into by Council and all beneficial (controlled) entries.

3.    Enable data-driven decision making and rebuild public and stakeholder trust

To move forward, we must understand root causes, legacy issues and be willing to be transparent about past decisions and activities that led our community and businesses to distrust Council. It is our duty to heed the advice of independent auditors and assessors and ensure that our Council’s decision-making is underpinned by effective use of data, robust policies and processes and are made in the public’s best interest.

 

 

These will also ensure culture and corruption risks and lessons identified in the investigation into Ipswich City Council - Operation Windage (August 2018) are responded to, including:

●    Identify corruption risks that arise when governance, legislative and disclosure obligations pertaining to local government are ignored (page 10)

●    Remind public officials and elected officials of the importance of transparency and accountability (page 10)

●    Travel documentation was approved retrospectively, after trips had already been taken, rather than being prepared in line with the prescribed policy (page 21-22)

●    One of the Councillors rarely provided the required supporting documentation to justify work-related expenses or, in circumstances where they did do so, the information provided was inaccurate and misleading (page 21-22)

●    It was identified that a Councillor and a senior executive employee were also the delegates to approve each other’s travel expenditure. With no other mechanism of oversight, this practice raises questions about the transparency of approvals, allowing for possible collusion regarding each other’s claims (page 21-22)

Hub Deliverables

The establishment of the Transparency and Integrity Hub, an online portal, will better enable the community to understand how their rates, fees and charges are being spent and to benchmark Council’s performance over time.

All data will be published in accordance with best-practice privacy, procurement and open data principles and Council’s relative policies will be reviewed as required to ensure these are currently reflected.

The Hub will prioritise publishing of the following data in the first instance:

Hub Deliverable

1.    Publish as near to real-time financial data for Ipswich City Council in an open, transparent, interactive portal including, at a minimum:

a.    Previous five financial years financial data including detailed project income and expenditure financial data for major projects i.e. The Smart City Program.

b.    Council’s 2020-2021 Budget, once adopted;

c.    Quarterly financial reporting against the budget.

 

2.    Publish detailed income and expenditure financial data for all current and past Council beneficial (controlled) entities enabling comparison over the previous five financial years, including:

i.     Ipswich City Developments Pty Ltd (deregistered) ABN 155 142 288

ii.    Ipswich City Developments Pty Ltd (deregistered) (former name Ipswich City Developments Enterprises Pty Ltd) ABN 167 100 441

iii.   Ipswich City Enterprises Pty Ltd ABN 095 487 086

iv.   Ipswich City Enterprises Investments Pty Ltd ABN 127 862 515

v.    Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation) ABN 135 760 637

vi.   Ipswich Motorsport Park Pty Ltd (deregistered) (former name Ipswich Motorsport Precinct Pty Ltd) ABN 611 160 902

3.    Publish all contracts valued $200,000 or more (excluding GST) for a rolling period of five consecutive years. New data will continue to be published monthly (in accordance with the Local Government Regulation 2012) and the information published will be improved in alignment with best practice across Queensland and Australia. The new register will include:

a.    Suppliers who tendered a response

b.    Person/company with whom Council has entered into the contract

c.    Contract number

d.    Commencement and end dates

e.    Value of the contract (estimated/ maximum value)

f.     Purpose of the contract/ description of goods and service procured

g.    Approver/ Council decision reference (i.e. link to published minutes)

 

4.    Publish all Councillor related expenses, allowances and reimbursements for each month including contextual details of expenses incurred and purpose to enable benchmarking and comparison. Data will be published for the previous five financial years. Where travel costs have been absorbed by specific project costs, these should also be included.

5.    Procure, through open tender, a suitable digital platform to enable the delivery of the Transparency and Integrity Hub, ensuring that the platform:

a.    is intuitive and user friendly, easy to maintain, secure and auditable;

b.    enables contemporary open data (intuitive, interactive, auditable and downloadable by selection);

c.    is best of breed software for the task for public sector transparency;

d.    creates efficiencies in financial data reporting;

e.    enables visualisations and context suitable for public consumption;

f.     allows data to be downloaded as CKAN OpenData;

g.    produces data in machine readable format; and

h.    directly integrates with Council systems and solutions for ease of use rapid adoption.

 

6.    Bring forward a review of Council’s Open Data Policy to ensure alignment with best-practice approaches to publishing financial data.

7.    Prepare a report to Council (and for public viewing) on the Smart City Program including detailed project financial data for the past five financial years and the community outcomes delivered.

Financial and Procurement Considerations

●    The solution must be procured via open market tender.

●    The procurement of the solution and the initial publication of data shall not exceed $200,000

●    The ongoing cost of maintaining the solution shall not exceed $100,000 per annum and budgeted in future financial years

●    Existing internal resources will support the establishment and delivery of the Hub on an ongoing basis

Governance

Council’s Transparent Governance Community Reference Group will provide advice and views and make recommendations to inform the development of the Transparency and Integrity Hub.  This will be guided by an internal advisory group to be established.

Attachments and Confidential Background Papers

 

1.

Crime and Corruption Commission - Operation Windage

2.

Open Data Policy

3.

Councillor Expenses Reimbursement and Administrative Support Policy

4.

Transparent Governance Community Reference Group Terms of Reference

  


Council

Meeting Agenda

27 April

2020

Item E.1 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item E.1 / Attachment 2.

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Council

Meeting Agenda

27 April

2020

Item E.1 / Attachment 3.

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Council

Meeting Agenda

27 April

2020

Item E.1 / Attachment 4.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6171500

 

ITEM:              F.1

SUBJECT:       Correcting an administrative error with respect to the effective day of commencement of the TLPI No.2/2020

AUTHOR:       General Manager (Planning and Regulatory Services)

DATE:             16 April 2020

 

 

Executive Summary

There was a discrepancy in the dates for the commencement of the TLPI No. 2/2020, from what was approved by the Minister, to what was presented to Council in Attachment 4 that accompanied the report to Council on 24 March 2020. The Interim Administrator who chaired the meeting, has reviewed the matter and concurs with the recommendation.

REPORT

While the date was not explicitly mentioned in the Minutes, the fact there is a difference between the Minister’s approval and the document that Council produced, it is considered that it best to err on the side of caution and ensure that the two dates align to avoid any confusion. 

The following are the sections of the documentation relevant to this matter:     

Letter from the Minister 18.3.2020.


 

Council Minutes 24.3.2020

 

Attachment 4

Recommendation

 

That for the purpose of correcting an administrative error with respect to the effective day of commencement of the TLPI No.2/2020 so that it aligns with the Minster’s approval of 18 March 2020, that the Minutes of Council’s Ordinary Meeting dated 24 March 2020 be amended by in Attachment 4, clause 4.1 deleting ”7 April 2020” and replacing it with “28 January 2020”, so it reads as follows:

 

4.1 In accordance with section 9(3) (a) of the Planning Act 2016 (the Planning Act) the effective day for the TLPI is 28 January 2020. 

PURPOSE OF REPORT/BACKGROUND

The report is presented to correct an error in the date for the commencement of the TLPI No2/2020 as outlined above.

The matter was presented to the Interim Administrator who subsequently concurred with the recommendation. A copy of the Memo signed by the Administrator is attached (Attachment 1).

Attachments and Confidential Background Papers

 

1.

Memo to Interim Administrator-TLPI

 

Peter Tabulo

General Manager (Planning and Regulatory Services)

I concur with the recommendations contained in this report.

Tony Dunleavy

Manager Legal and Governance (General Counsel)

 

“Together, we proudly enhance the quality of life for our community”


Council

Meeting Agenda

27 April

2020

Item F.1 / Attachment 1.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6184186

 

ITEM:              G.1

SUBJECT:       2020 Local Government Quadrennial Election Report

AUTHOR:       Chief Executive Officer

DATE:             22 April 2020

 

 

Executive Summary

This is a report concerning the results of the 2020 local government quadrennial elections.

Recommendation/s

That Council note the Electoral Commission of Queensland’s Notice of Election Results for the Ipswich City Council 2020 local government quadrennial elections.

RELATED PARTIES

There are no related parties.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

The Ipswich City Council 2020 local government quadrennial elections were held on 28 March 2020.

The Electoral Commission of Queensland declared the result of the elections by publication of the Notice of Election Results in accordance with section 100 of the Local Government Electoral Act 2011. These notices are included as attachments to this report.

The publication of the Notices of Election Results concluded the election.

The following persons were declared duly elected to the office of mayor and councillors of Ipswich City Council.

·    Mayor – Teresa Jane Harding

·    Division 1 – Sheila Ann Ireland

·    Division 1 – Jacob Gordon Madsen

·    Division 2 – Nicole Kay Jonic

·    Division 2 – Paul Gregory Tully

·    Division 3 – Marnie Louise Doyle

·    Division 3 – Andrew Dale Fechner

·    Division 4 – Kate Paula Kunzelmann

·    Division 4 – Russell William George Milligan

 

Legal/Policy Basis

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

 

Local Government Electoral Act 2011

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications relating to this report.

Financial/RESOURCE IMPLICATIONS

There are no financial or resource implications relating to this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require community consultation.

Conclusion

The 2020 local government quadrennial elections have concluded with the results officially declared by the Electoral Commission of Queensland.

Attachments and Confidential Background Papers

 

1.

Mayor - ECQ Notice of Election Results

2.

Councillors - ECQ Notice of Election Results

 

David Farmer

Chief Executive Officer

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

27 April

2020

Item G.1 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.1 / Attachment 2.

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Council

Meeting Agenda

27 April

2020

 

Doc ID No: A6173081

 

ITEM:              G.2

SUBJECT:       Appointment of Deputy Mayor

AUTHOR:       Manager Executive Services

DATE:             16 April 2020

 

 

Executive Summary

This is a report concerning the appointment of the Deputy Mayor of Ipswich City Council.

Recommendation/s

That Council resolve to appoint a Deputy Mayor from its Councillors.

RELATED PARTIES

There are no conflicts of interest.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

Section 175 of the Local Government Act 2009 requires a local government to appoint, by resolution, a Deputy Mayor from its Councillors (other than the Mayor) at the post-election meeting.

Legal/Policy Basis

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

 

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

Failure to appoint a Deputy Mayor at the post-election meeting would be a contravention of Section 175 of the Local Government Act 2009.

Financial/RESOURCE IMPLICATIONS

Nil.

COMMUNITY and OTHER CONSULTATION

The appointment of a Deputy Mayor is a legislative requirement which does not require consultation with the community or other parties.

Conclusion

As the appointment of Deputy Mayor is legislatively required to occur at the post-election meeting, determination of this matter is sought from Council.

 

Wade Wilson

Manager Executive 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

27 April

2020

 

Doc ID No: A6169687

 

ITEM:              G.3

SUBJECT:       Date and Form of Future Council Meetings

AUTHOR:       Chief Executive Officer

DATE:             15 April 2020

 

 

Executive Summary

This report outlines options for Council in determining its future meeting structure and timing.

Recommendation/s

That Council determine a form and schedule of future meetings of Council and any Standing Committees.

RELATED PARTIES

NIL

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/BackgrounD

 

Section 347 of the Local Government Regulation 2012 requires a Council at its first meeting to consider the date and time for other meetings.

 

This Council being the first elected after a period of Administration and with the majority of the elected Council being new there is an opportunity to review the ways in which the Council meets to consider items and make decisions.

 

It is recommended that Council maintain its current sitting day of Tuesday and commence Council meetings at 9.00 am. Any Standing Committees will also commence at 9.00am on the Tuesday prior to the Ordinary Council meeting. Should there be multiple Standing Committees, the first will commence at 9.00 am and the following meetings will commence 10 minutes after the conclusion of the previous Committee Meeting.

 

Option 1 Status Quo

Council currently has 5 standing committees:

·    Economic Development

·    Growth and Infrastructure

·    Communities

·    Environment

·    Governance

 

These committees meet monthly, have no delegation and the recommendations of each committee are then reported to a full Council meeting in the following week where these recommendations are endorsed or altered by the full Council by resolution. Generally the full Council meeting has few or no matters on the agenda that have not gone through Committee.

 

Terms of Reference are already in place for these committees. The Council would need to nominate a Chair to each committee and appoint Councillors as members.

 

The report to Council adopting the current structure in October 2018 is shown as Attachment 1. If Council was to continue this arrangement, they would need to specify the number of Councillors on each Committee and then select the members and the Chair.

 

Should this option be followed, the following resolution is proposed.

 

1.    Council maintain the current meeting structure and terms of reference, with Ordinary Council meetings being generally held on the last Tuesday of the Month and Committee meetings held the week prior.

2.    Economic Development, Growth and Infrastructure, Communities, Environment

and Governance committees be held sequentially with 10 minute breaks between meeting, on 19 May 2020, 23 June 2020 and 21 July 2020 commencing at 9.00 am. With future meetings beyond to be confirmed.

3.    Membership of the committees consist of ……..

4.    The Chairs of the Committees are ……..

 

Option 2 Revised standing Committee Structure (multiple committees)

This is the same as above, but it will allow Councillors an opportunity to reshape its multiple committee structure. It would require the identification of new committees and drafting of terms of reference for each committee. This would require significant work to develop including a workshop with Councillors and a report to Council. If this was to be a preferred option it would require Council setting the next two Ordinary meetings to allow time for a workshop to develop various terms of reference and then presentation of these terms to a Council meeting to endorse them, and the formal selection of the Chair and the members of each committee.

Should the Council wish to progress this option the following motion is recommended.

1.    Council hold Ordinary meetings on 26 May 2020 and 30 June 2020 commencing at 9.00 am.

2.    A workshop be held to determine a revised committee structure and a report summarising the outcomes of that workshop be presented to Council recommending a new Committee structure no later than 30 June 2020.

Option 3 Revised standing Committee Structure (single committee)

It has been proposed that a single standing committee be created to consider most business, (practically a small number of time sensitive matters will go to Council). This committee has been nominally named the Initial Consideration Committee, but Councillors may consider another name more appropriate.  It should be pointed out that any standing committee is subject to the same meeting and transparency practices as a Council meeting such as public attendance, not making resolutions in closed session etc. Additionally best practice transparency would involve this committee to be live streamed as it would be where the majority of Council business would be discussed. The major difference between this committee and an ordinary Council meeting is some of the formality is removed – prayer, public participation, speaking while seated and the sitting position of the chair at the same level as the rest of the members. A draft terms of reference is included as Attachment 2.

Should Council wish to progress this option, the following motion is recommended:

 

1.    Council hold Ordinary meetings on 26 May 2020, 30 June 2020 and 28 July 2020 commencing at 9.00 am.

2.    The terms of reference for the Initial Consideration Committee as shown in Attachment 2 be adopted.

3.    The Initial Consideration Committee be held at 9.00 am on 19 May 2020, 23 June 2020 and 21 July 2020.

4.    Future meeting beyond be confirmed.

5.    Membership of the committee consists of all Councillors.

6.    The Chair of the Committee is ……..

 

Option 4 Full Council meetings on a three weekly cycle, supplemented with Briefings

This option involves a full Council meeting only, on a three weekly cycle and briefings and workshops being held on the “off weeks” These briefings would normally involve considering major strategic items and be for information only. Many of these items would relate to the matters on the next meeting agenda, but not necessarily, as they may be updates on longer running projects. It is envisaged that in the spirit of transparency that any briefings slide deck be published on Council’s meetings page (unless the matter was confidential) and importantly that no voting or decision making is undertaken in a briefing.

It should be pointed out that briefings will be conducted under all of the options shown, to ensure that Councillors are well informed in carrying out their role.

 

Should Council wish to progress this the following motion is recommended:

 

1.    Council hold Ordinary meetings on 19 May 2020, 9 June 2020, 30 June 2020 and 21 July 2020 commencing at 9.00 am.

 

Standing committees have the same requirements as Council in terms of public access, declaration of interest etc. Good practice requires attendance at briefings and workshops to be recorded and conflicts of interest to be managed in the same was as a Council meeting.

 

Legal/Policy Basis

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

Local Government Act 20009, Local Government Regulation 2012

 

The Local Government Act states the Mayor is a member of all Council standing committees.

A council must meet at least once in each calendar month.

The post-election meeting must set the time and date of future Council meetings.

Financial/RESOURCE IMPLICATIONS

There is little difference in the cost to Council for each option. There is more administrative cost the greater number of committees to be serviced.

COMMUNITY and OTHER CONSULTATION

There has been no community engagement on this issue.

This matter has been the subject of a briefing to Councillors on 14 April 2020 and a later workshop on 22 April 2020. At that workshop a preference was determined for either Option 3 or 4.

Option 3 provides two “Bites of the Cherry” in decision making, but also means that the real heavy lifting of Council decision making is done at Committee by all Councillors, effectively reducing the significance of the full Council. It also creates a slightly more oblique decision making process with members of the public needing to research Committee and Council agendas and Minutes to fully understand decision making.

Option 4 reinforces the primacy of the Ordinary Council meeting and is easier to follow from both a paper trail and on live streaming. It does mean that Council only gets one attempt at a decision, though Councillors are at liberty to lodge a rescission notice should they wish the Council to reconsider its decision.  Option 4 also allows more timely decision making, operating on a three weekly rather than a four weekly cycle.

Conclusion

In order to meet its legislative commitments the Council must set a date and time of future meetings. The options outlined above present various ways in which this may be done. Once a schedule is adopted, a report will be presented to a future meeting of Council outlining meeting dates further into the future.

Attachments and Confidential Background Papers

 

1.

October 2018 Committee Report on previous committee structure

2.

Terms of Reference for Initial Consideration Committee

 

David Farmer

Chief Executive Officer

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

27 April

2020

Item G.3 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.3 / Attachment 2.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6170853

 

ITEM:              G.4

SUBJECT:       Councillor members of the Audit and Risk Management Committee

AUTHOR:       Chief Executive Officer

DATE:             15 April 2020

 

 

Executive Summary

This is a report concerning councillor membership of the Ipswich City Council Audit and Risk Management Committee which is a requirement outlined in the Charter of the Audit and Risk Management Committee (Attachment 1).

Recommendation/s

A.            That Council appoint two councillors as members of the Audit and Risk Management Committee.

B.             That in accordance with section 8.1.2 of the Audit and Risk Management Committee Charter, detailed in Attachment 1, the two councillor members be appointed for a term of two years (until March 2022) at which time council must appoint another two members for the following two years.

RELATED PARTIES

Proposed members are to confirm that there are no conflicts of interest or ethical and other reasons that could bring Council into disrepute and that prevents them from serving on the Audit and Risk Management Committee.

The adopted Charter indicates:

 

7. ETHICAL PRACTICES

 

7.1           The Committee members will, at all times in the discharge of their duties and responsibilities, exercise honesty, objectivity, probity and not engage knowingly in acts or activities that have the potential to bring discredit to Council.

7.4           Members who become aware of a conflict of interest or issues which may affect their objectivity on matters raised within the Committee should advise the Chairperson immediately. Should the Chairperson experience such a conflict he/she is to advise the Chief Executive Officer.

Advance Ipswich Theme

 

The Audit and Risk Management Committee’s aim is to achieve the objectives of the whole organisation and therefore this policy relates to providing oversight of the systems, processes and controls that contribute to:

 

Strengthening our local economy and building prosperity

Managing growth and delivering key infrastructure

Caring for the Community

Caring for the Environment

Listening, Leading and Financial Management

Purpose of Report/Background

The Audit and Risk Management Committee Charter was formally adopted by Council on 19 November 2019 and governs the way the Audit and Risk Management Committee is operated.

As outlined in the Charter the purpose and principles are:

2. PURPOSE AND PRINCIPLES

The Committee acts as an independent, oversight, assurance and advisory service to Council in the effective discharge of its responsibilities prescribed in the Local Government Act, the Local Government Regulation and other relevant legislation and prescribed requirements by providing oversight, monitoring and reviewing.

As outlined in the Charter the composition and membership is as follows:

8.1           The Committee will be composed of five members, including the Chairperson, as follows:

8.1.1       Three independent external members* will be chosen and appointed by Council to ensure impartiality and an appropriate mix of skills.

8.1.2       The Interim Administrator* and two Members of the Interim Management Committee (while active/appointed). When the Council returns these members will be replaced by two councillors on a rotational basis with a two year term.

8.1.3       When selecting an external independent member, Council must have regard to that person having a strong business, accounting, legal or similar background to provide additional expertise to Council.

8.1.4       Independent external members will also need a high level understanding of internal controls, risk management, corporate governance and a sound knowledge of information systems and related technology.

8.1.5       No additional paid professional work may be performed for Council during the period of appointment to the Audit and Risk Management Committee.

8.1.6       The term of an independent external member shall be four years and Council may approve a further extension of four years to that term.

8.1.7       As provided by Section 210(1) of the Local Government Regulation Council will appoint one of the external independent members of its Audit and Risk Management Committee to be Chairperson.

8.2           The Committee has the ability to co-opt any persons as advisers, from time to time for a particular period. No remuneration will apply to these advisers.

8.3           The External Auditor, Advisers and Ex Officio members are non-voting observers.

8.4           The Chief Executive Officer, the General Manager Corporate Services, the Chief Audit Executive the Governance Manager and the Risk Management Coordinator should attend all meetings as Ex Officio observers but have no voting rights.

8.5           Other Council officers may attend meetings as required by invitation of the Committee.

8.6           The membership of the Committee may be reviewed during the life of the Committee but will be reviewed following the completion of each general local government election.

*The Interim Administrator is only included during the term of Administration

*While in Administration there will be two independent external members and once the IMC leave this will change to three.

The five members of the Audit and Risk Management Committee are as follows:

·    Robert Jones (Chairperson and External Member)

·    Martin Power (External Member)

·    Dr Annette Quayle (External Member)

·    Councillor (to be determined)

·    Councillor (to be determined)

Legal/Policy Basis

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

Local Government Act 2009

Local Government Regulation 2012

Crime and Corruption Act 2001

Audit and Risk Management Committee Charter

RISK MANAGEMENT IMPLICATIONS

A strong well-functioning Audit and Risk Management Committee is of utmost importance to prevent the events of the recent past. It is important to select members of high standing to minimise the risk of reputational damage to Council and as a consequence its effectiveness in serving the community.

Financial/RESOURCE IMPLICATIONS

There are no financial or resource implications associated with this report as Councillors do not qualify for additional remuneration for serving on the Audit and Risk Management Committee.

COMMUNITY and OTHER CONSULTATION

The Chief Audit Executive and General Manager, Corporate Services have been consulted in the preparation of this report.

Conclusion

Section 8.1.2 of Council’s Audit and Risk Management Committee Charter stipulates that two councillors be appointed to the Audit and Risk Management Committee on a rotational two year term. Council is seeking councillor nominations for the first term until March 2022.

Attachments and Confidential Background Papers

 

1.

Audit and Risk Management Committee Charter

 

David Farmer

Chief Executive Officer

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

27 April

2020

Item G.4 / Attachment 1.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6179698

 

ITEM:              G.5

SUBJECT:       Nomination of a District Representative to the LGAQ Policy Executive

AUTHOR:       Manager Executive Services

DATE:             20 April 2020

 

 

Executive Summary

This is a report concerning council’s nomination of a district representative to the Local Government Association of Queensland (LGAQ) Policy Executive for the 2020-2024 term.

Recommendation/s

A.            That council nominate an Ipswich City Council councillor to represent District No. 2 (Western Region) on the LGAQ Policy Executive for the 2020-2024 term.

 

[OR]

 

B.             That council endorse the nomination of Lockyer Valley Regional Council Mayor Tanya Milligan as District No. 2 (Western Region) representative to the LGAQ Policy Executive for the 2020-2024 term.

 

C.             That the Chief Executive Officer advise the LGAQ Returning Officer of council’s nomination by Friday, 1 May 2020.

RELATED PARTIES

None

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

The LGAQ Policy Executive is responsible for determining the association’s policy on behalf of its 77 member councils. The policy executive consists of the LGAQ president and 15 elected district representatives from across Queensland. The executive currently holds six regular annual meetings. In addition, the executive appoints three of its members as directors to join the LGAQ president to form the association’s board.

 

Following the March 2020 local government quadrennial elections, the LGAQ invited nominations from each district for representatives to the association’s policy executive for the 2020-2024 term.

 

Councils within a district are entitled to nominate candidates from among any of the elected members of the councils within their district. However, in the case of South-East District, councils elect one representative per identified subregional grouping. Each council’s chief executive officer must then advise the LGAQ returning officer of that council’s nominee by no later than 5pm, Friday 1 May 2020.

 

Ipswich City Council is a LGAQ South-East District council which sits within the No. 2 (Western Region) sub-regional grouping along with the Somerset, Lockyer Valley, and Scenic Rim Regional councils. One representative from among the elected members of these councils is to be elected to represent the district on the LGAQ policy executive.

 

If only one candidate is nominated in the district by the closing date, that nominee will be appointed to the policy executive and will assume their position in June 2020. Should multiple candidates be nominated, a ballot election will take place under a preferential voting system. In this scenario, following the close of nominations, the LGAQ will distribute ballots to each council in the district as per the following weightings:

 

•         Ipswich City Council (8 ballots)

•         Lockyer Valley Regional Council (2 ballots)

•         Somerset Regional Council (2 ballots)

•         Scenic Rim Regional Council (2 ballots)

 

Since 2018, South-East District No. 2 (Western Region) has been represented by Lockyer Valley Regional Council Mayor Tanya Milligan. On 17 April 2020, that council endorsed Mayor Milligan’s nomination to the policy executive for the 2020-2024 term.

Legal/Policy Basis

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

 

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications relating to this report.

Financial/RESOURCE IMPLICATIONS

Nil.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require community consultation.

Conclusion

Council has an interest in exercising its rights as a LGAQ member to ensure appropriate representation for the region on the association’s policy executive.

Attachments and Confidential Background Papers

 

1.

LGAQ Correspondence to CEO - Policy Executive Nominations Open

2.

LGAQ Policy Executive Nomination Form

 

 

 

 

 

Wade Wilson

Manager Executive 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

27 April

2020

Item G.5 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.5 / Attachment 2.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6150532

 

ITEM:              G.6

SUBJECT:       Appointment of the Chairperson and Deputy Chairperson of the City of Ipswich Local Disaster Management Group

AUTHOR:       Emergency Management and Sustainability Manager

DATE:             3 April 2020

 

 

Executive Summary

This is a report concerning the appointment of the Chairperson and Deputy Chairperson of the City of Ipswich Local Disaster Management Group (LDMG) in accordance with the Disaster Management Act 2003 and the Disaster Management Regulation 2014.

Recommendation/s

A.            That Council appoint a Councillor of the City of Ipswich as the Chairperson of the City of Ipswich Local Disaster Management Group.

 

B.             That Council appoint a Councillor of the City of Ipswich as the Deputy Chairperson of the City of Ipswich Local Disaster Management Group.

RELATED PARTIES

There are no identified conflicts of interest related to this report.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

The City of Ipswich LDMG has been established in accordance with s29 of the Disaster Management Act 2003.  This group comprises of State Government entities and essential service providers and there is a requirement for Council to nominate a Chair and Deputy Chair to lead the LDMG.

In many Council’s the Chair’s role has been filled by the Mayor and the current Mayor has undertaken training from QFES. Any Council nominee must undertake this training before fulfilling the role of Chair or Deputy Chair.

 

The role chairs the meetings of the committee which is serviced by Council staff and consists of representatives of key agencies coordinating both preparedness and response. It is also the key spokesperson for the Committee.

Legal/Policy Basis

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

Disaster Management Act 2003

Disaster Management Regulation 2014

RISK MANAGEMENT IMPLICATIONS

The role of the Chair and Deputy Chair of the LDMG are essential in the effective management of disasters within the local government area.

Financial/RESOURCE IMPLICATIONS

There are no financial implications as the result of this report.

COMMUNITY and OTHER CONSULTATION

No internal or external consultation was required or conducted related to this report.

Conclusion

It is recommended that Council resolve to appoint the Chair and Deputy Chair of LDMG as outlined in this report.

 

Matthew Pinder

Emergency Management and Sustainability Manager

I concur with the recommendations contained in this report.

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”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6182215

 

ITEM:              G.7

SUBJECT:       Appointment of members to the Ipswich Rivers Improvement Trust

AUTHOR:       Manager, Environment and Sustainability

DATE:             21 April 2020

 

 

Executive Summary

This is a report concerning the appointment of 2 councillors as members of the Ipswich Rivers Improvement Trust (IRIT), as per part 3 division 1 section 5 (1)(a) of the River Improvement Trust Act 1940.

Council is required to appoint 2 councillors within 30 days of a vacancy of office, taken to include vacancies created post a local government election.

Recommendation

That Council appoint 2 councillors to become members of the Ipswich Rivers Improvement Trust as per part 3 division 1 section 5(1)(a) of the River Improvement Trust Act 1940.

RELATED PARTIES

The current members of the Ipswich Rivers Improvement Trust, as appointed by Dr Anthony Lynham MP Minister Natural Resources, Mines and Energy, are:

·    Peter Johnstone – Chair

·    Leanne Savage – Deputy Chair

·    Dr Georgina Davis – member

Non-member

·    Norm Craswell - Secretary

Advance Ipswich Theme

Caring for the environment

Managing growth and delivering key infrastructure

Purpose of Report/Background

The Ipswich Rivers Improvement Trust (IRIT) is a statutory body established under the River Improvement Trust Act 1940 (the Act) and covers the entire Ipswich local government area (LGA).  The objectives of the Act are to provide for the responsible management of river catchment areas through:

·    planning for and implementing measures that improve the protection, health and resilience of rivers and their catchments; and

·    repairing, and preventing damage to, rivers and their catchments; and

·    restoring natural resilience to flooding and cyclones in rivers and their catchments; and

·    protection of water security; and

·    improving water quality and river system function in rivers and their catchments

The IRIT has a make-up of 5 members, being:

·    3 community members appointed by the Minister of Natural Resources, Mines and Energy

·    2 councillors of each constituent local government covered by the trust’s river improvement area (being Ipswich City Council) appointed by the local government

Each councillor appointed by a local government under subsection (1)(a) or (2) of Part 3 Division 1 of the Act holds office for the term of no more than 4 years decided by the local government.  Under section 5A if a position becomes vacant, the local government must appoint another of its councillors within 30 days after the vacancy.  It is taken that this section also applies to vacancies created following a local government election.

In addition, section 5B of the Act states that chapter 6, part 2, division 5 of the Local Government Act 2009 applies to a member of the trust, in relation to the disclosure of interests. 

Legal/Policy Basis

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

Local Government Act 2009

River Improvement Trust Act 1940

RISK MANAGEMENT IMPLICATIONS

Ipswich City Council is the constituent local government which falls within the river improvement area for the Ipswich Rivers Improvement Trust.  Under the Act, Council is required to appoint 2 councillors as members of the trust within 30 days of a vacancy. 

If Council does not appoint a councillor to a vacant office, the Minister may give the local government a written notice requiring it to appoint a councillor within a reasonable period of at least 7 days.  If Council does not comply with this notice, the Minister may appoint a person whether or not a councillor.

Council is financially liable to contribute to the trust and it may be considered a risk if Council does not appoint members to participate in setting the strategic direction and financial management of the IRIT.

Financial/RESOURCE IMPLICATIONS

Under division 2 section 14 of the Act, local government is liable to contribute to the trust each year a sum that is prescribed by the trust.  Currently, the annual precept that has been prescribed by the IRIT to Council is $150,000 for their annual works program.  If Council fails to negotiate and agree to contribute the annual precept within a reasonable time, the Minister can decide on the amount that must be paid by the local government.  The trust has powers under the Act to issue this precept on Council.

Other financial and resource implications include in-kind support through officer time for:

·    Input into IRIT strategic planning

·    Spatial support for maps of project sites

·    Senior officer representation at IRIT meetings and site-visits

·    Quality assurance / contractor assessment of riparian works programs

·    Venue hire for meetings

COMMUNITY and OTHER CONSULTATION

Consultation was undertaken with Norm Craswell, Secretary of Ipswich Rivers Improvement Trust to clarify the provisions of the Act that relate to appointment of 2 councillors to the IRIT.

Conclusion

This report refers to part 3 division 1 section 5 (1)(a) of the River Improvement Trust Act 1940 local government(s) which refers to membership of a trust to include 2 councillors of each constituent local government.  Ipswich City Council is the constituent local government for the Ipswich Rivers Improvement Trust, has 30 days following a vacancy of office to appoint councillors as members of the trust.

 

Kaye Cavanagh

Manager, Environment and Sustainability

I concur with the recommendations contained in this report.

Charlie Dill

General Manager - Infrastructure and Environment

 

“Together, we proudly enhance the quality of life for our community”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6183690

 

ITEM:              G.8

SUBJECT:       Shareholder Representative for Ipswich City Council's Controlled Entities

AUTHOR:       Treasury Accounting Manager

DATE:             21 April 2020

 

 

Executive Summary

This is a report concerning the appointment of a Shareholder Representative for the following Ipswich City Council (Council) controlled entities:

·    Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation); and

·    Ipswich City Enterprises Pty Ltd.

Recommendation/s

A.    That Council nominate a Councillor to be its Shareholder Representative for Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation), (A.C.N 135 760 637) and Ipswich City Enterprises Pty Ltd (A.C.N 095 487 086).

 

B.     That Council recognise Steve Greenwood’s role as its Shareholder Representative for Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation), (A.C.N 135 760 637) and Ipswich City Enterprises Pty Ltd (A.C.N 095 487 086), as being complete.

RELATED PARTIES

For the purposes of related party disclosures, Councillors and Senior Managers should consider:

·    Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation) (ICP);

·    Ipswich City Enterprises Pty Ltd (ICE); and

·    Ipswich City Enterprises Investments Pty Ltd (ICEI);

Noting that ICP and ICE are controlled entities of Council and ICEI is 100% owned subsidiary of ICE.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

For the period of administration, the Interim Administrator of Council, Greg Chemello and subsequently Steve Greenwood, have been Council’s Shareholder Representative for these controlled entities.

The role of the shareholder representative is primarily to act as a liaison between Council and the company via the Board of Directors.

Company Director

For the majority of the administration period, Greg Chemello as the Interim Administrator of Council was the sole Director and Company Secretary for each of the companies, ICP, ICE and ICEI.  Just prior to Greg Chemello’s departure in January, Council’s CEO, David Farmer, was appointed as the sole Director and Company Secretary for ICP, ICE and ICEI and remains in those roles at this time.

Status of controlled entities

Ipswich City Properties Pty Ltd (in Members Voluntary Liquidation) ceased active trading around 27 June 2019 and transitioned its assets and responsibilities for the CBD redevelopment to Council, at that time.  In March 2020 ICP was placed into Members Voluntary Liquidation (MVL), which is being administered by McGrath Nicol, who will continue to finalise the winding-up of ICP.  The ultimate deregistration of ICP through the MVL process is likely to occur in July 2020.

The wind-up of Ipswich City Enterprises Pty Ltd and Ipswich City Enterprises Investments Pty Ltd is subject to the finalisation of an outstanding matter relating to a licence agreement held by ICEI.  The finalisation of this matter is anticipated in the short term, at which time ICE and ICEI can be placed into MVL, in accordance with previous Council resolutions.  Neither company has actively traded for some time.

Legal/Policy Basis

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

Corporations Act 2001 (Cth)

RISK MANAGEMENT IMPLICATIONS

Whilst none of these controlled entities are actively trading and all three are in the process of being wound-up or are likely to wound-up in the short-term, it is appropriate for Council to maintain its relationship with each entity through the Director or in the case of ICP, the Liquidator.

Financial/RESOURCE IMPLICATIONS

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

COMMUNITY and OTHER CONSULTATION

Community and other consultation is not applicable to this report.

Conclusion

It is appropriate for Council to nominate a Councillor to be its Shareholder Representative for ICP and ICE.

 

Paul Mollenhauer

Treasury Accounting Manager

I concur with the recommendations contained in this report.

Jeffrey Keech

Manager, Finance

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6183317

 

ITEM:              G.9

SUBJECT:       Cherish the Environment Foundation Limited - 2018-2019 Financial Statements and Final Management Report

AUTHOR:       Principal Financial Accountant

DATE:             21 April 2020

 

 

Executive Summary

This is a report concerning Cherish the Environment Foundation Limited (CTEF) and the 2018-2019 Financial Statements and Final Management Report.

The Financial Statements and accompanying Director’s Report for Cherish the Environment Foundation Limited have been certified following the completion of the 2018-2019 audit conducted by the Queensland Audit Office (QAO).

The Final Management Report details the QAO findings and recommendations from the 2018-2019 audit of CTEF.

Recommendation/s

A.            That the 2018-2019 Financial Statements for Cherish the Environment Foundation Limited, as detailed in Attachment 1 of the report by the Principal Financial Accountant dated 21 April 2020, be received and noted.

 

B.             That the 2018-2019 Final Management Report for Cherish the Environment Foundation Limited, as detailed in Attachment 2 of the report by the Principal Financial Accountant dated 21 April 2020, be received and noted.

 

RELATED PARTIES

Cherish the Environment Foundation Limited

Advance Ipswich Theme

Listening, leading and financial management


 

Purpose of Report/Background

CTEF is a partnership with Pat Rafter’s Cherish the Children Foundation.  Launched in 2008, CTEF provides a vehicle for collaboration in projects that are of benefit to the natural environment in Ipswich.

The objectives of CTEF as outlined in the company’s 2014-2024 business plan, are as follows:

·    enabling the community and businesses of Ipswich to become more environmentally active;

·    providing education materials and programs to build capacity and to increase the level of awareness and understanding of Ipswich’s environmental values;

·    partnering with Ipswich businesses and industries to implement energy and, waste and water efficiency processes; and

·    working closely with Ipswich City Council and local landholders to increase the area of natural bushland.

The primary aim of CTEF is to maximise the long-term return on investment in environmental sustainability programs to the people of Ipswich through innovative partnership projects that create new markets, knowledge and business opportunities.

The activities of CTEF are principally funded from its own source revenue, however it should be noted that historically CTEF has also received funding from Ipswich City Council (Council) to the equivalent of $1 per rate assessment in previous financial years (approximately $80,000 in 2018-2019) via the Enviroplan levy.  Noting that this contribution has not yet been processed in the 2019-2020 financial year.

Current Directors and Company Secretary

 

The current Directors of CTEF are

·    Mr Shane O’Kane  (Director)

·    Mr Stephen Rafter (Director)

·    Mr Steve Greenwood (Director)

·    Mr Bryce Hines  (Company Secretary)

Whilst in the role of Interim Administrator for Council, Mr Greg Chemello was nominated by Council as a Director of CTEF for the period from 24 October 2018 to 28 January 2019 at which time Council replaced Mr Chemello and nominated Mr Steve Greenwood as a Director.

 

Controlled Entity

 

In 2018 Council determined that CTEF met the requirements of a controlled entity under AASB 10, Consolidated Financial Statements.  As a public sector entity the QAO is required to audit the entity and accordingly has conducted the audit for the first time for the 2018-2019 financial year.  The audit was conducted in conjunction with the requirements of the Local Government Act 2009, Local Government Regulation 2012 and Australian Accounting Standards.

Prior to 2018-2019, the audit was undertaken by an external auditor appointed by CTEF and coordinated by the external accountants, who prepare the financial statements for CTEF. 

Council’s Finance Team provide bookkeeping services to CTEF and for the 2018-2019 audit liaised with QAO and the external accountants.

QAO has now completed its audit of CTEF for the 2018-2019 financial year.  The Auditor-General has now written to the former Interim Administrator as Director of the Company, providing a copy of the audited financial statements as well as the final management report, comprising a summary of issues formally reported to management which relate to internal controls and financial reporting matters for attention.

 

As a controlled entity of Council it is appropriate that these reports be tabled at a Council meeting and available for consideration and noting.

Legal/Policy Basis

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

Local Government Act 2009

Local Government Regulation 2012

Australian Accounting Standards

RISK MANAGEMENT IMPLICATIONS

QAO has raised internal control and reporting issues that require action and implementation by the Directors and the Company Secretary of CTEF to ensure effective controls, processes and procedures and continued improved governance and to minimise the risk of misstatement in the financial statements.

For the information of Council, between April 2015 and April 2016, Council entered into agreement with three separate third parties to provide guarantees, in favour of CTEF.  These guarantees related to the delivery obligations of CTEF associated with their projects and contracts.  The existence of these guarantees became more widely visible during the 2018-2019 audit.

The Finance Branch, in conjunction with the 2018-2019 audit process, have reviewed the outstanding obligations of CTEF in relation to these guarantees and are of the view the ongoing risks to Council are minimal.

QAO raised an audit issue out of Council’s 2018-2019 audit that the guarantee agreements and their approval by Council were not subject to an approval by the Queensland Treasurer as required under the Statutory Bodies Financial Arrangements Act 1982.   As part of the recommendations from QAO; Council has written to the Department notifying them retrospectively of the guarantees formerly signed by the then CEO and approved by Council.

Financial/RESOURCE IMPLICATIONS

There are no financial or resource implications related to this report as the preparation and audit of the controlled entity is included as part of the business as usual activities of Council’s Finance Branch.

COMMUNITY and OTHER CONSULTATION

Community consultation has not been undertaken in relation to this report. 

Conclusion

The 2018-2019 Financial Statements and accompanying Director’s Reports for Cherish the Environment Foundation Limited, be noted.

The 2018-2019 Final Management Report for Cherish the Environment Foundation Limited, be noted.

Attachments and Confidential Background Papers

 

1.

Cherish the Environment Foundation Limited - 2018-2019 Financial Statements

2.

Cherish the Environment Foundation Limited - 2018-2019 Final Management Report

 

Barbara Watson

Principal Financial Accountant

I concur with the recommendations contained in this report.

Jeffrey Keech

Manager, Finance

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Meeting Agenda

27 April

2020

Item G.9 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.9 / Attachment 2.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6183802

 

ITEM:              G.10

SUBJECT:       Cherish the Environment Foundation - Council Representatives

AUTHOR:       Treasury Accounting Manager

DATE:             21 April 2020

 

 

Executive Summary

This is a report concerning Ipswich City Council’s (Council) nominated representatives to the Board of Cherish the Environment Foundation Limited (CTEF).

Recommendations

A.    That Council nominate two Councillors to be its representatives for the Cherish the Environment Limited Board.

 

B.     That Cherish the Environment Foundation Limited be advised of Council’s nominations as its representatives for the Cherish the Environment Limited Board.

RELATED PARTIES

For the purposes of related party disclosures, Councillors and Senior Managers should consider Cherish the Environment Foundation Limited, noting that it is a controlled entity of Council.

Advance Ipswich Theme

Caring for the environment

Purpose of Report/Background

At the Council meeting of 16 October 2018, the Interim Administrator of Council resolved that Greg Chemello be nominated as Council’s representative for the board of CTEF.

In January, following the completion of Greg Chemello’s term as the Interim Administrator of Council, Steve Greenwood, as the Interim Administrator of Council, became Council’s representative on the board of CTEF.

CTEF is a partnership with Pat Rafter’s Cherish the Children Foundation.  Launched in 2008, CTEF provides a vehicle for collaboration in projects that are of benefit to the natural environment in Ipswich.


 

The objectives of CTEF as outlined in the company’s 2014-2024 business plan, are as follows:

·    enabling the community and businesses of Ipswich to become more environmentally active;

·    providing education materials and programs to build capacity and to increase the level of awareness and understanding of Ipswich’s environmental values;

·    partnering with Ipswich businesses and industries to implement energy, waste and water efficiency processes; and

·    working closely with Ipswich City Council and local landholders to increase the area of natural bushland.

The primary aim of CTEF is to maximise the long-term return on investment in environmental sustainability programs to the people of Ipswich through innovative partnership projects that create new markets, knowledge and business opportunities.

In the 2018-2019 financial year, Council determined that CTEF was a controlled entity due to a number of factors including the makeup of the board, financial and administrative support and other arrangements, provided by Council.

Current Board Status

Council is a founding member of CTEF and in accordance with the Constitution ‘may appoint board representatives’.  Whilst CTEF is a controlled entity of Council, maintaining Council representation on the Board of CTEF is appropriate.

During the period of administration that representation was limited to one individual.  It is proposed that Council’s representatives be increased back to two individuals as was previously the position prior to administration.

CTEF has received funding from Council to the equivalent of $1 per rate assessment in previous financial years via the Enviroplan levy, noting that this contribution has not yet been processed in the 2019-2020 financial year.

The current board representative for Council is Steve Greenwood.  The other two board members are Steve Rafter and Shane O’Kane.

Council will need to seek the resignation of Steve Greenwood, aligned with the appointment of its new nominees.

Legal/Policy Basis

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

Corporations Act 2001 (Cth)

RISK MANAGEMENT IMPLICATIONS

As a controlled entity, maintaining a Council representation on the Board of CTEF enables Council to have visibility of, and input into the ongoing operations of CTEF.  It will also assist in mitigating any risks for Council in relation to arrangements Council has in place with CTEF.

Financial/RESOURCE IMPLICATIONS

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

COMMUNITY and OTHER CONSULTATION

Community and other consultation is not applicable to this report.

Conclusion

Following the conduct and declaration of the recent Local Government elections, it is proposed that Council nominate two Councillors to be its representatives for the Cherish the Environment Limited Board, in accordance with its constitution.

 

Paul Mollenhauer

Treasury Accounting Manager

I concur with the recommendations contained in this report.

Jeffrey Keech

Manager, Finance

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Meeting Agenda

27 April

2020

 

Doc ID No: A6173975

 

ITEM:              G.11

SUBJECT:       Rates relief in response to COVID-19

AUTHOR:       Treasury Accounting Manager

DATE:             16 April 2020

 

 

Executive Summary

This is a report concerning proposed rates relief by Ipswich City Council (Council) in response to the COVID-19 Pandemic.

Whilst the report recommends only one option at this stage through the extending of the due date for payment, this decision provides immediate benefit to all ratepayers and allows Council further time to consider the additional options outlined in the report and Council’s broader responses to the community impacts from the COVID-19 Pandemic.

A further report will be brought to Council for consideration of the additional options in the light of the 2020-2021 budget considerations.

Recommendation/s

That the due date for the payment of the April-June 2020 quarterly rates notice be extended from 14 May 2020 to 18 June 2020, for all ratepayers.

RELATED PARTIES

There are no related parties to consider in relation to this report.

Advance Ipswich Theme

Listening, leading and financial management

Purpose of Report/Background

Council began preparing and responding to COVID-19 in March 2020.  The response was multi-pronged focussing on both the organisation, local economy and the community.  A COVID-19 Working Group was created with representation from across departments.  A sub-group was established to focus on economic and social support and recovery. 

With the approval of the Interim Administrator and Chief Executive Officer the actions taken to provide an economic and social response to the community have included:

·    Waiver and refund of a range of fees and charges including footpath dining, food licence, event licence, booking fees;

·    Rent abatement for community and some commercial leases;

·    Seven (7) day payment for council suppliers – additional $7m in one week;

·    Coordination of a shovel ready and bring forward infrastructure list – $120m;

·    COVID-19 Business Adaptation Program – over 200 participants;

·    Business and Community Organisation Outreach – over 150 contacts;

·    Transfer of council programs online (Story Time, Healthy Active etc);

·    Launch of Ipswich Grant Finder support portal;

·    Assistance for Ipswich Food Barn and Ipswich Hospital Foundation; and

·    Parking provided to WMH staff in Roderick Street.

In early April 2020 and in response to the COVID-19 Pandemic, the National Cabinet agreed to a nationally consistent approach to hardship support across the essential services for households and small businesses, covering energy, water and rates.  The Prime Minister subsequently announced a set of principles including:

·    Offering flexible payment options to all households and small businesses in financial stress – including small businesses eligible for the JobKeeper Payment;

·    Not disconnecting restricting supply/services to those in financial stress;

·    Deferring debt recovery proceedings and credit default listing;

·    Waiving late fees and interest charges on debt; and

·    Minimising planned outages for critical works, and provide as much notice as possible to assist households and businesses during any outage.

 

The website for the Prime Minister’s Office also included the following statement:

Those who can continue to pay their bills need to keep doing so - this is critical to ensuring the ongoing viability of essential services providers. But we need to ensure an appropriate safety net is in place for those experiencing financial stress.

Extended due date for payment

To provide short-term and immediate relief to all ratepayers, it is proposed that the due date or discount date for the payment of the April-June 2020 quarterly rates notice, be extended from 14 May 2020 to 18 June 2020.  For any ratepayer suffering from financial distress, this provides an additional 35 days or a period of five (5) weeks before the rates become due.

The extended due date will be available to all ratepayers regardless of land use or rating category, meaning the additional period is available to all residential and business properties.

 

It is not intended to re-issue the April-June 2020 rate notices.  The extended due date for payment will be communicated through media and social media channels as well as through customer interactions (counter and phone enquires taken by the Customer Services, Rates and Recoveries teams).

Additional rates relief options

In addition to the rates relief option to extend the due date for payment recommended in this report; there are further rate relief options Council can consider as part of its overall rate relief response.  Extending the due date for payment for another 5 weeks allows Council further time to fully consider these other options particularly in the context of next years budget and the dynamic situation we are dealing with.  Most of these options are consistent with the National Cabinet’s approach to hardship support for essential services.

The options requiring further Council consideration are set out in the matrix below and a small summary is provided in relation to each option.

 

Rate Relief Options

Financial Impact

Officer Recommended

(Y/N)

Comments

Council Resolution Required (Y/N)

1

Greater Flexibility in Rate Payment Plans

Minimal

Yes

Currently being implemented

No

2

Extended Time Period for Payment Plans

Over a longer period of time potentially $160k reduced interest revenue

Yes

Recommended for further consideration

Endorsement only

3

Granting of Discounts to Ratepayers unable to pay rates by Discount Date

Administrative only

Yes

Recommended for further consideration

Endorsement only

4

Waiving Interest

Administrative only

Yes

Recommended for further consideration

Endorsement only

5

Extending Due Date for Payment (Discount Date)

$50,000 per quarter reduced interest revenue

Yes

Recommended for immediate adoption

Yes

6

Rebate: $100 for owner occupied residential property (if impacted by COVID-19) only

$1.3 million per quarter

No

 

Yes

Greater Flexibility in Rate Payment Plans

A rate payment plan is an arrangement between Council and the ratepayer where the rates and charges are “paid off” over a period of time.  This is a primary tool used by Council’s Recoveries Team to manage the collection of existing rate arrears. This option is currently being implemented in relation to Council’s response including consideration of ability of ratepayers to make payments.

Extended Time Period for Payment Plans

At the conclusion of any “short term” or the period of the COVID-19 pandemic, Council may need to establish a period of time within which it will allow ratepayers, financial impacted as a result of COVID-19, to pay off any accumulated rate arrears.

Granting of Discounts to Ratepayers Unable to Pay Rates by Discount Date

Council may wish to give consideration to the granting of discounts ($33 per quarterly rates bill) to those ratepayers financially impacted by the COVID-19 pandemic and who are unable to pay the full rates bill by the discount date.  This is likely to be in conjunction with other relief options such as a rate payment plan.

Waiving Interest

In a similar manner to the granting of discounts, Council may consider the waiving of interest on any accumulating rate arrears for those ratepayers financially impacted by the COVID-19 pandemic and unable to pay the full rates by the discount date. This is likely to be in conjunction with other relief options such as a rate payment plan.

Extending Discount Date

This is an immediate response that Council can consider and make available to all ratepayers, not just those directly impacted by COVID-19.  This option is discussed in detail in this report and if endorsed by Council will provide further time to allow Council to full consider other relief options it may want to implement.

Rebates

Any broad form of rebate will need to be considered in the context of hardship on a class basis for example residential owner occupied properties.  This requires the adoption of a hardship concession policy specific to COVID-19 and set eligibility criteria for example: a person must be in receipt of the jobseeker payment. There are equity issues in trying to implement this option for non-owner occupied residential properties (ie rental properties) and non-residential properties.

It is suggested that rebates be considered as last line of relief.

Any rebates considered by Council are likely to have a far more significant impact of Council’s revenue than the other rate relief options.

Council could consider rebates further over the next few months in conjunction with the development of the 2020‑2021 Budget as a better understanding of the impacts of COVID-19 are understood.

Legal/Policy Basis

This report and its recommendation is consistent with the following legislative provisions:

Local Government Act 2009
Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

There are no specific risk management issues associated with extending the due date for the payment of the April-June 2020 quarterly rates notice, as detailed in this report.

Local Government is obligated to contribute to the economic stimulus required to address the impacts of the COVID-19 Pandemic.  However, as Local Government only collects approximately 3% of all federal, state and local taxation revenues.  Council needs to balance its approach to any further rates relief against its obligation to continue to deliver services to the community.

Financial/RESOURCE IMPLICATIONS

It is estimated that the impact on Council’s interest revenue, as a result of the potential delay in receiving rate payments (cash flow), will be approximately $50,000 for the April‑June 2020 period.

COMMUNITY and OTHER CONSULTATION

While no specific community or other consultation has been undertaken in relation to this report, its contents have been prepared on the basis of general community expectations.  It is also consistent with the hardship principles for the industry sectors covering energy, water and rates, as developed by the National Cabinet and announced by the Prime Minister.

As noted above in the report, any decision of Council to extend the due date for payment will require broad communication with the community through all available communication channels.

Conclusion

Extending the due date or discount date for the payment of the April-June 2020 quarterly rates notice from 14 May 2020 to 18 June 2020 for all ratepayers, will provide short-term and immediate relief to any ratepayer who may be suffering from financial distress as a result of the COVID-19 Pandemic.

A further report will be prepared for consideration at a subsequent meeting detailing additional rates relief options available to Council.

 

Paul Mollenhauer

Treasury Accounting Manager

I concur with the recommendations contained in this report.

Jeffrey Keech

Manager, Finance

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6172547

 

ITEM:              G.12

SUBJECT:       Community Donation Request - Requests Exceeding $15,000 In the 2019-2020 Financial Year

AUTHOR:       Community Grants Coordinator

DATE:             16 April 2020

 

 

Executive Summary

This is a report concerning a request from Tivoli Social Enterprises Limited for financial support through the Community Donations Program.

Recommendation/s

That Council approve community financial support of $11,790 to Tivoli Social Enterprises Limited for the purchase of meal packaging to service an increased demand for meals prepared by the Tivoli Social Enterprises Community Kitchen and distributed to members of the community in need during the COVID-19 pandemic.

RELATED PARTIES

John Murray (Director) – also represents Harvest Rain Christian Care Ltd.

Joel Shaw (Director) – also represents Harvest Rain Christian Care Ltd.

Graeme Hart (Director) – also represents Harvest Rain Christian Care Ltd and Rivers Of Life Christian Church (International) Ltd.

Willem Muys (Chairperson) – also represents Harvest Rain Christian Care Ltd and Rivers Of Life Christian Church (International) Ltd.

There are no known related party matters or discernible conflicts of interest associated with this report.

Advance Ipswich Theme

Caring for the Community and Listening, Leading and Financial Management.

Purpose of Report/Background

Through the provision of community donations, Ipswich City Council seeks to support the role of community organisations and recognise the significant role they play in developing and delivering initiatives that encourage participation in community life, foster social cohesion, celebrate diversity, and contribute to a vibrant, healthy and sustainable city.

The Community Donations Program allows for funds to be allocated to not-for-profit community organisations for community purposes and supports community organisations to deliver initiatives that address identified local community needs.

In the 2019-2020 financial year to date, Tivoli Social Enterprises Limited received a community donation of $13,500 towards the Christmas in Ipswich for Kids event in November 2019. Accordingly, this request from Tivoli Social Enterprises Limited for the amount of $11,790 takes the organisation’s cumulative total for the financial year to $25,290 which is over $15,000 and therefore, this request requires consideration by Council.

Community Donation Request from Tivoli Social Enterprises Limited

Tivoli Social Enterprises Limited is a registered charitable entity established to facilitate community activities and events which utilise their facilities located in Chuwar. Activities undertaken by Tivoli Social Enterprises Limited include employment and work skills programs to long term unemployed people from across the Ipswich region. 

The community kitchen facilities located at the Tivoli Drive In are owned by Tivoli Social Enterprises Limited’s affiliate entity Harvest Rain Christian Care. Tivoli Social Enterprises Limited employ a team of Skilling Queenslanders for Work hospitality trainees and a chef, who, along with community volunteers, prepare, cook, package and freeze wholesome cooked meals for distribution to needy individuals and households across the Ipswich region.

Due to the impact of the COVID-19 pandemic, Tivoli Social Enterprises Limited is receiving an increase in requests for meals from members of the community in need.

Tivoli Social Enterprises Limited is focussed on doubling their meal production to 2000 meals each week. To facilitate this increase they will be, at their own cost, accessing additional produce, meat, rice and pasta and other meal ingredients. Funding sought from Council is to assist in purchasing frozen meal containers to package and freeze the meals for distribution to people in need.  The packaging will enable Tivoli Social Enterprises Limited to prepare 50,000 two person frozen meal packs for distribution over the next six months. 

Whilst it is possible that the social impacts of the COVID19 pandemic may extend beyond October 2020, Tivoli Social Enterprises Limited has advised that this project will be sustainable during that period and will be sustained beyond that date through the recommencement of other income generating activities such as the Community Drive In Movie Nights which have provided the core funding for the meals and the meal packaging to date. The Community Drive In activities have been forced to cease temporarily due to Government restrictions imposed as a result of the COVID-19 pandemic.

Tivoli Social Enterprises Limited is seeking $11,790 to purchase 50,000 freezer grade containers.

A quote has been obtained by Tivoli Social Enterprises Limited from an Ipswich based supplier which confirms the product quantity equals the financial support amount.

Assessment Process

Community donation applications are assessed against weighted criteria including: 

 

1.    How the project/program aligns with Council’s Corporate Plan – weighting 15%

2.    How the applicant determined the need for the project – weighting 35%

3.    The expected outcomes of the proposed project – weighting 40%

4.    The sustainability of the project beyond Council funding – weighting 10%

 

Scoring is outlined below:

 

Score

Explanation

1

Application is non-responsive to the question

2

Limited response to the question

3

Satisfactory response to the question

4

Strong response to the question

5

Outstanding response to the question

 

The score which an application receives out of 100 determines the amount of funding recommended as follows:

 

Score

Explanation

80-100

Recommended funding is 100% of the requested amount

60-79

Recommended funding is 75% of the requested amount

40-59

Recommended funding is 50% of the requested amount

Less than 40

Application is declined

In line with the Administrative Guidelines for the Community Donations Program, the application from Tivoli Social Enterprises Limited has been independently assessed and scored by two council officers who have declared that they do not have a conflict of interest.  The application scored 88, which relates to a recommendation of 100% of the eligible funding requested.

Legal/Policy Basis

 

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

Local Government Act 2009 and Local Government Regulations 2012

Specifically, section 109 of the Local Government Act 2009 provides local governments with the ability to utilise discretionary funds in accordance with the requirements prescribed under the Local Government Regulation 2012.

Section 202 of the Local Government Regulation 2012 prescribes a number of requirements for –

 

a)       a local government for making discretionary funds available; and

b)       a councillor for using discretionary funds.

Discretionary funds allocated are required to be publically reported under section 202 of the Local Government Regulation 2012.

RISK MANAGEMENT IMPLICATIONS

No exceptional risk management implications associated with this report have been identified.

Financial/RESOURCE IMPLICATIONS

The Community Development Section manages the receipt, assessment and allocation of funding applications received through the Community Donations Program in accordance with the Community Funding and Support Policy and associated Administrative Guidelines for the Community Donations Program.

Within the Community Development Section, the Community Grants Team is responsible for the management, coordination and acquittal of Council’s Community Donations Program. The Community Grants Team is a team of two (2) full-time staff.

Funding for the provision of community donations is contained within the Community Development Section 2019-2020 financial year budget. 

COMMUNITY and OTHER CONSULTATION

The contents of this report were not deemed to require further community consultation.

Conclusion

Applications for funding through the Community Donations Program are assessed in accordance with the eligibility criteria and assessment process outlined in the Community Funding and Support Policy and associated Administrative Guidelines.

As outlined in the Administrative Guidelines for the Community Donations Program, the maximum amount of funding available to an applicant community organisation in any one financial year (whether single or cumulative, and including all categories of available community donations) is $15,000, unless otherwise approved by resolution of Council.

In the 2019-2020 financial year to date, Tivoli Social Enterprises Limited received a community donation of $13,500 towards the Christmas in Ipswich for Kids event in November 2019. Accordingly, this request from Tivoli Social Enterprises Limited for the amount of $11,790 takes the organisation’s cumulative total for the financial year to $25,290 which is over $15,000 and therefore, this request requires consideration by Council.

 

 

Josie Berry

Community Grants Coordinator

I concur with the recommendations contained in this report.

Abbey Richards

Community Engagement and Development Manager

I concur with the recommendations contained in this report.

Ben Pole

General Manager - Community, Cultural and Economic Development

 

“Together, we proudly enhance the quality of life for our community”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6173361

 

ITEM:              G.13

SUBJECT:       Delegation to CEO to enter into contract under Local Buy Contract for the supply of electricity for small contestable sites

AUTHOR:       Contracts Officer

DATE:             16 April 2020

 

 

Executive Summary

This is a report concerning the supply of Electricity for Small Contestable Sites under Local Buy Contract. The contract is scheduled for renewal on 11 May 2020, requiring early or advance delegation to the CEO to execute an agreement within five (5) business days of this date.

RECOMMENDATION

That pursuant to section 257(1) of the Local Government Act 2009, Council delegate to the Chief Executive Officer, the authority to exercise the powers of Council under Chapter 6 (Contracting) of the Local Government Regulation 2012 in its capacity as a local government.

Conditions:

This delegation is subject to the following conditions:

1.        This delegation does not authorise the Chief Executive Officer to exercise the powers under the Local Government Act 2009 if the Local Government Act 2009 provides that the power must be exercised by resolution.

2.        Whenever this power is exercised, a record of the exercise shall be made in writing at the time of exercising such power, and a copy thereof shall be kept in such format as determined from time to time by the Chief Executive Officer.

3.        The recommendation in relation to the successful tender must be presented to Council at the first available meeting of Council, for Council’s noting.

4.        The Chief Executive Officer may only exercise the powers granted under this delegation in relation to Contract 14297 the Supply of Electricity for Small Contestable Sites.

5.        This delegation expires on completion of the Contract.

 

RELATED PARTIES

There are no discernible conflicts of interest.

Advance Ipswich Theme

Managing growth and delivering key infrastructure

Purpose of Report/Background

Council has been utilising the Local Buy Arrangement BUS 237-0313 for a period of three (3) years.  Council currently spends approximately $735,000 (GST exclusive) per annum on the supply of electricity to its small sites, with a total contract value estimated at $2.2M (GST exclusive).

Local Buy will obtain offers from electricity retail providers via a restricted tender process under its Local Buy Arrangement.

The restricted tender will be issued on 7 May 2020 with tender close and evaluation on 11 May 2020. The evaluation report will be sent the afternoon of 11 May 2020.  Early or advance delegation is sought as it is anticipated that the Council will have five (5) business days to execute the proposed contract due to the short offer validity period for tenders from the electricity market.

Legal/Policy Basis

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

Local Government Act 2009 Section 257(1) of the Local Government Act 2009, Council delegate to the Chief Executive Officer, the power to exercise the powers of Council under Chapter 6 (Contracting) of the Local Government Regulation 2012 in its capacity as a local government.  

Local Government Regulation 2012 Section 234 4 Exception for LGA arrangement.

RISK MANAGEMENT IMPLICATIONS

The non-acceptance or execution of a contract within a timely manner increases the risk of higher retail pricing for Council by not being part of a collective tendering process.

Financial/RESOURCE IMPLICATIONS

The forecast cost for the current supply contract to June 2020 is $2.2M.  Based on this figure an estimated cost for the years 2020 to 2023 would be in the vicinity of $2.21M. This figure may change based on the movements within the electricity market.

COMMUNITY and OTHER CONSULTATION

Report reviewed by Infrastructure and Environment Department internal stakeholders

Charlie Dill, General Manager

Graeme Martin, Manager Field and Work Services

James Hilyard, City Maintenance Manager

There were no comments to add.

Conclusion

It is requested that Council delegates the power to enter into a contract to the CEO for the purpose of Contract 14297 the Supply of Electricity for Small Contestable Sites. As part of this, acceptance of the recommended Retail Provider within a restricted timeframe is also requested.

 

John O'Donnell

Contracts Officer

I concur with the recommendations contained in this report.

Stephen Bailey

Principal Officer (Procurement and Contract Operations)

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6146426

 

ITEM:              G.14

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

AUTHOR:       Manager Legal and Governance (General Counsel)

DATE:             1 April 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 make a minor amendment to the delegation instrument, only as it relates to s238 of the Local Government Regulation 2012, and resolve to delegate the powers contained in the amended Instrument of Delegation of powers and functions from Council to the CEO.

Recommendation/s

 

A.            That Council note that during the period of Interim Administration, delegations from Council to the Chief Executive Officer were reviewed and a number of conditions that had been placed by decisions of previous Councils were removed.

 

B.             That Council note that one of the conditions removed was a financial limit of up to $2 million on the Chief Executive Officer’s ability to take contractual action on behalf of Council, under s238 of the Local Government Regulation 2012.

 

C.             That Council note that this report recommends that Council approve the delegation instrument from Council to the Chief Executive Officer (Attachment 1) which re-introduces the condition on the Chief Executive Officer’s ability to take contractual action on behalf of Council, up to a financial limit of $2 million (detail of the recommended change is also set out and highlighted in Attachment 2).

 

D.            That Council note, that Council, as the elected body, will make decisions in relation to taking all future contractual action for matters over $2 million.

 

E.             That Council resolve to delegate the powers or functions of the Ipswich City Council to the Chief Executive Officer in accordance with Delegation Instrument LGD-2020-02, as amended, (including the amended attached schedule of powers) as detailed in Attachment 1 of this report effective 21 April 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 power and functions, by resolution, to the CEO.   

Amendment is sought to the schedule of the Council to CEO Instrument (LGD2020-1).  The amendment will allow the new Council to have full oversight and decision-making capability to amend, discharge or vary contractual action on behalf of Council in accordance with s238 of the Local Government Regulation 2012 (Regulation). The amendment, importantly, places a condition and financial limit on the CEO, when taking contractual action on behalf of Council, under delegation, in accordance with the Regulation. The condition provides governance and financial oversight, for Council, when entering into all major contractual action.

The section referring to the Local Government Regulation 2012 (Regulation), in Instrument (LGD2020-1) currently has no financial limit associated with the CEO exercising contractual action, on behalf of Council, under section 238 (2) of the Regulation.

The proposed amendment to the delegation instrument, conditions the delegate’s exercise of power, where the CEO takes contractual action on behalf of Council, in accordance with s238 of the Regulation.

The purpose of this amendment is to do the following:

A.   Condition the CEO’s power to take contractual action on behalf of Council, by only allowing the CEO, as delegate, to take contractual action up to a financial limit of $2 million; and

B.   To duplicate, and impose conditions on the delegate (CEO), when exercising the power to take contractual action on behalf of Council, as contained in s238 (2) of the Regulation;

C.   By ensuring when the CEO exercises contractual action on behalf of Council, the expenditure has been provided for in the current annual budget; and

D.   any exercise of contractual action on behalf of Council is in accordance with all relevant Council policies and Administrative Directives; and

E.    By allowing contractual action to be taken by the CEO (as delegate) in certain circumstances, because of a genuine emergency or hardship, in accordance with s238 (2) (b) of the Regulation.

Legal/Policy Basis

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

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The current existing instruments of delegation from Council to the CEO must meet the legal requirements under the LGA and Regulation.  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 Regulation.  

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

A delegated power or function may only be exercised in accordance with the conditions that are attached to the delegation of power.  Any exercise of the power, which is not in accordance with the conditions, is an unlawful exercise of power.  Conditions should only be used, in circumstances where necessary, to ensure proper governance.

Financial/RESOURCE IMPLICATIONS

There are no resourcing or budget implications as a result of this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation.

Conclusion

Attachments and Confidential Background Papers

 

1.

Delegation Instrument to CEO LGD-2020-02

2.

Amendment to CEO Financial Limit

 

Tony Dunleavy

Manager Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Meeting Agenda

27 April

2020

Item G.14 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.14 / Attachment 2.

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Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6165259

 

ITEM:              G.15

SUBJECT:       Extension of Ranbury Management Group Contract, Nicholas St - Ipswich Central Project

AUTHOR:       Project Manager

DATE:             14 April 2020

 

 

Executive Summary

This is a report concerning Ipswich City Council (“Council”) exercising an option to extend the existing contract with Ranbury Management Group (“Ranbury”) for the Nicholas St - Ipswich Central Project (“Project”) by 12 months, allowed for under the Management Services Agreement (“MSA”) executed between both parties dated on or about 28 April 2017.

RECOMMENDATION

A.            That Ipswich City Council (“Council”) exercise the option to extend the existing Contract with Ranbury Management Group (dated 28 April 2017) for program management services for the Nicholas Street, Ipswich Central Project, (for a further 12 month period), to 28 April 2021.

B.             That Ipswich City Council pursuant to section 257 (1) (b) of the Local Government Act 2009, delegate to the Chief Executive Officer the power to negotiate and finalise the terms of the contract extension for Program Management Services with Ranbury Management Group and do any other acts necessary to implement Council’s decision.

 

RELATED PARTIES

Ranbury Management Group Pty Ltd

Advance Ipswich Theme

Strengthening our local economy and building prosperity

Purpose of Report/Background

Following a competitive tender under Council procurement processes in late 2016, an MSA was executed between Ipswich City Properties Pty Ltd (“ICP”) and Ranbury on or about 28 April 2017 to provide Program Management Services for the Nicholas St – Ipswich Central Project.  ICP was a Council owned subsidiary responsible for the CBD redevelopment.  The MSA had a term of 36 months (expiring on or about 28 April 2020) with a 12 month extension option. 

Following a Council resolution dated 27 June 2019 to wind up ICP’s operations and integrate its assets and business operations into Council to ensure project continuity, the MSA was novated to Council effective 18 June 2019.  The current Contract status is detailed in confidential Attachment 1 of this report.

Noting the scope of services still to be delivered by Ranbury and to ensure continuity of such services to ensure the Project’s successful delivery, it is recommended that Council exercise its option to extend the term of the MSA for a further 12 month period, thus changing the new date of expiry to 28 April 2021.  It is noted this contract extension is for “time only”, it does not include any additional financial commitments for Council nor does it increase the current contract’s sum.  A further report will be issued to Council during this extension period addressing any future Program Management Services required beyond this new MSA expiry date.

Legal/Policy Basis

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

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

The option to extend Ranbury’s engagement by 12 months is allowed for under the terms and conditions of the MSA, and as such does not require Council to enter into a new contract.

As the initial/current term of the MSA ends on or about 28 April 2020, it is necessary that a contract extension be awarded prior to this date, to ensure continuity of Programme Management Services essential to the ongoing delivery of the Project.

Financial/RESOURCE IMPLICATIONS

The current contract status with Ranbury is detailed in confidential Attachment 1.  This current scope of services is allowed for under the existing Project budget.  There is no impact to the Project budget due to the recommendations of this report.

COMMUNITY and OTHER CONSULTATION

There will be no effect to the community regarding the extension of this MSA.

Council’s Legal Services branch were engaged to review this matter, providing advice with respect to the recommendations of this report.

Conclusion

To ensure continuity of works in relation to the Project, it is recommended that Council exercise its option to extend the term of the MSA with Ranbury for a further 12 month period, thus changing the new date of expiry to 28 April 2021.

Attachments and Confidential Background Papers

 

 

CONFIDENTIAL

1.

Program Management Partner Engagement  

 

Greg Thomas

Project Manager

I concur with the recommendations contained in this report.

Tony Dunleavy

Manager Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

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”


Council

Special Meeting Agenda

27 April

2020

 

Doc ID No: A6183065

 

ITEM:              G.16

SUBJECT:       Monthly Financial Performance Report - February 2020 and March 2020

AUTHOR:       Manager, Finance

DATE:             21 April 2020

 

 

Executive Summary

This is a report concerning Council’s financial performance for the periods ending 29 February 2020 and 31 March 2020, submitted in accordance with section 204 of the Local Government Regulation 2012.

A budget amendment was approved by Council in February and is reflected in these reports.

Recommendation/s

That the report be received and the contents noted.

RELATED PARTIES

There are no related party matters associated with this report.

Advance Ipswich Theme

Strengthening our local economy and building prosperity

Purpose of Report/Background

The attached reports show the financial results for Ipswich City Council as at 29 February 2020 and 31 March 2020. As noted above, a budget amendment was approved by Council on 24 February 2020 and is reflected in these reports.

The total Net Result as at 31 March 2020 (including capital revenues) is $107.2 million compared to the year to date (YTD) budget of $108.4 million. Council’s YTD operating deficit (excluding capital revenue) is approximately $3.1 million compared to the YTD budget deficit of $2.2 million.  The full year target budget surplus adopted as part of the budget amendment is $3.2 million.

The YTD actual operating deficit is being impacted by the write off of assets year to date of approx. $2.5m that are disposed when the assets are replaced and street lighting assets identified that are not Council owned. The finance team is considering the classification on this expenditure.

Capital expenditure including the CBD Redevelopment as at 31 March is $16 million below the YTD budget. Approximately $201 million has been expended or donated to 31 March compared to the current YTD capital budget of $217 million.

March

A more detailed commentary and analysis of the results is included in the attached report. Items to note include:

·     Rates and utilities charges revenue are still slightly below budget for the YTD and impacted by reduced growth even following a reduction in the full year budgeted revenue.

·     Revenue targets are in relation to fees and charges in Ipswich Waste Services and Town Planning Fees in the Planning and Regulatory Services Department.  These continue to be at risk due to reduced development activity and the impact of the waste levy on the commercial aspects of the waste business.

·     While donated assets from developers are above forecast; cash contributions are below budget and will be monitored.

·     Weekly employee expenses including labour contracts continue to exceed budget, specifically in overtime and allowances. Early analysis and current weekly expenditure patterns show it is likely the annual budget for employee costs will be exceeded, when including labour contracts. Management are currently reviewing employee and contract labour costs in detail.  March employee costs were also higher due to Council engaging a number of temporary labour contract staff direct and incurring additional overtime to self-deliver required mowing operations vs the services being performed by an external contractor (budgeted under materials and services), due the reduced availability of contractor resources.

·     Materials and services expenses continue to be below budget as a result of underspends in service contracts due to earlier weather conditions, works not commencing as expected and lower than expected maintenance costs. As part of the budget amendment the materials and services budget was re-phased, moving some of the previous months’ underspend to June to reflect forecast expenditure patterns. There is also a current YTD underspend as a result of delayed or cancelled events as a result of COVID-19 Pandemic restrictions.

·     Although March capital spending was on target, capital expenditure continues to be below budget YTD, particularly across the CBD Redevelopment and Infrastructure Program projects. The capital expenditure program is continuing to be monitored, with the Infrastructure and Environment Department currently forecasting additional expenditure before financial year end.

·     Considering the results above, cash currently held is slightly above forecasted cash balances.


 

February

The February report is also attached for Council’s information and noting. 

The explanations for the variances for the period to February are contained within the report, however the key issues and risks outlined above in relation to the March results are consistent.

Legal/Policy Basis

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

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The implications of the financial results YTD are being carefully monitored by management as financial year end approaches and any changes or risks to Council’s forecast position will be considered as part of Council’s budget amendment processes.

The financial implications of the COVID-19 Pandemic are being collated and assessed as part of the monitoring and management process.

Financial/RESOURCE IMPLICATIONS

There are no specific implications as a result of this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation. Analysis and explanations of the variances is undertaken in conjunction with the various Departments.

Conclusion

The monthly performance reports for March 2020 and February 2020 are included at Attachment 1 and Attachment 2 respectively.

Attachments and Confidential Background Papers

 

1.

Monthly Financial Performance Report - March 2020

2.

Monthly Financial Performance Report - February 2020

 

Jeffrey Keech

Manager, Finance

I concur with the recommendations contained in this report.

Sonia Cooper

General Manager Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Council

Meeting Agenda

27 April

2020

Item G.16 / Attachment 1.

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Council

Meeting Agenda

27 April

2020

Item G.16 / Attachment 2.

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