Council

Meeting Agenda

24 June

2021

Unconfirmed Minutes of Council Ordinary Meeting

27 May 2021

Held in the Council Chambers, Administration Building

45 Roderick Street, Ipswich

The meeting commenced at 9.00 am

ATTENDANCE AT COMMENCEMENT	Mayor Teresa Harding (Chairperson); Councillors Jacob Madsen, Paul Tully, Marnie Doyle, Andrew Fechner, Kate Kunzelmann, Russell Milligan and Deputy Mayor Nicole Jonic Councillor Sheila Ireland arrived at 9.01 am.
WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY	Councillor Kate Kunzelmann
OPENING PRAYER	Councillor Paul Tully
APOLOGIES AND LEAVE OF ABSENCE	Nil

5. CONDOLENCE MOTION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That Council convey condolences, on behalf of the citizens of the City of Ipswich, to the family of the late Sir Llew Edwards who passed away on 26 May 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Attachments

1. Condolence Motion for the late Sir Llew Edwards

6. TRIBUTES	Nil
7. PRESENTATION OF PETITIONS	Nil
8. PRESENTATIONS AND DEPUTATIONS	Nil
9. PUBLIC PARTICIPATION	Nil

10. DECLARATIONS OF INTEREST

COUNCILLOR JACOB MADSEN

In accordance with section 150EQ of the Local Government Act 2009, Councillor Jacob Madsen informed the meeting that he has a declarable conflict of interest in Items 14.6 titled Reception and Consideration of Ipswich Central Redevelopment Committee’s Report and 15.7 titled Nicholas Street Precinct – Metro B repeal of previous council decision.

The nature of the interest is that Councillor Madsen is a member of the Ipswich Trades Hall and Labour Day Committee Executive which manages the Ipswich Trades Hall which is adjacent to the CBD redevelopment works that Council is undergoing.

Councillor Jacob Madsen advised that he will leave the meeting room (including any area set aside for the public) while both matters are being discussed and voted on.

COUNCILLOR ANDREW FECHNER

In accordance with section 150EQ of the Local Government Act 2009, Councillor Andrew Fechner informed the meeting that he has a declarable conflict of interest in Items 14.6 titled Ipswich Central Redevelopment Committee’s Report and 15.7 titled Nicholas Street Precinct – Metro B repeal of previous council decision.

The nature of the interest is that Councillor Fechner stands to gain a benefit or suffer a loss due to his business interest in both A1A Events Pty Ltd and Bar Heisenberg Pty Ltd which is located in the top of town at 164 Brisbane Street, Ipswich.

Councillor Andrew Fechner advised that he will leave the meeting room (including any area set aside for the public) while both matters are being discussed and voted on.

11. Confirmation of Minutes

11.1

Confirmation of Minutes of Ordinary Meeting

Moved by Councillor Russell Milligan:

Seconded by Councillor Sheila Ireland:

That the Minutes of the Ordinary Meeting held on 29 April 2021 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

12. MAYORAL MINUTE	Nil
13. BUSINESS OUTSTANDING INCLUDING CONDUCT MATTERS AND MATTERS LYING ON THE TABLE TO BE DEALT WITH	Nil

14. Reception and Consideration of Committee Reports

14.1

Growth Infrastructure and Waste Committee

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the Minutes of the Growth Infrastructure and Waste Committee Report No. 2021(04) of 13 May 2021 be noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

14.2

Governance and Transparency Committee

Moved by Councillor Jacob Madsen:

Seconded by Councillor Kate Kunzelmann:

That Council adopt the recommendations of the Governance and Transparency Committee Report No. 2021(04) of 13 May 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items of the Governance and Transparency Committee No. 2021(04) of 13 May 2021 as listed below, as resolutions of Council:

GOVERNANCE AND TRANSPARENCY COMMITTEE – ITEM 1

REPORT - Governance and Transparency Committee No. 2021(03) of 15 April 2021

That the report of the Governance and Transparency Committee No. 2021(03) of 15 April 2021 be received and noted.

GOVERNANCE AND TRANSPARENCY COMMITTEE – ITEM 2

Queensland Audit Office 2021 Interim Audit Report

That the Queensland Audit Office 2021 Interim Audit Report, as detailed in Attachment 1, be received and the contents noted.

GOVERNANCE AND TRANSPARENCY COMMITTEE – ITEM 3

Kanopy PPU Film & Video Streaming Resource

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that because of the specialised nature of the services that are sought, it would be impractical to invite quotes or tenders for the provision of pay per use film and video streaming resources.

B. That Council enter into a contractual arrangement (Council reference 16575) with Kanopy Inc., at an expected purchase price of fifty-four thousand dollars ($54,000) excluding GST over the entire term, being a term of three (3) years with no options to extend.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take ‘contractual action’ pursuant to Section 238 of the Regulation, in order to implement Council’s decision.

GOVERNANCE AND TRANSPARENCY COMMITTEE – ITEM 4

Procurement - Studiosity Subscription Renewal

That the matter lay on the table for two months until 8 July 2021.

GOVERNANCE AND TRANSPARENCY COMMITTEE – ITEM 5

Procurement - WaterRIDE Cloud Subscription for Flood Forecasting

B. That Council enter into a contractual arrangement (Council reference 16593) with Worley Services Pty Ltd, at an expected purchase price of five hundred and eleven thousand dollars ($511,000) excluding GST over the entire term, being an initial term of three (3) years, with the option to extend at the discretion of Council, for an additional two (2) x one (1) year terms.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take ‘contractual action’ pursuant to Section 238 of the Regulation, in order to implement Council’s decision. The delegation does include the power to exercise one or all of the options to extend (if any are outlined in the preceding recommendations).

14.3

Community, Culture, Arts and Sport Committee

Moved by Councillor Andrew Fechner:

Seconded by Councillor Sheila Ireland:

That Council adopt the recommendations of the Community, Culture, Arts and Sport Committee Report No. 2021(04) of 13 May 2021 with the exception of Item 2.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts Item 1, 3, 4 and 5 of the Community, Culture, Arts and Sport Committee No. 2021(04) of 13 May 2021 as listed below, as resolutions of Council.

Community, Culture, Arts and Sport Committee – item 1

REPORT - Community, Culture, Arts and Sport Committee No. 2021(03) of 15 April 2021

That the report of the Community, Culture, Arts and Sport Committee No. 2021(03) of 15 April 2021 be received and noted.

Community, Culture, Arts and Sport Committee – item 3

Ipswich Community Groups Governance Program

That the Ipswich Community Groups Governance Program be noted by Council.

Community, Culture, Arts and Sport Committee – item 4

Event Sponsorship - 2021 Winternationals

That Willowbank Raceway receive $35,000 ex GST financial support for the Winternationals 2021.

Community, Culture, Arts and Sport Committee – item 5

Event Sponsorship - 2021 Australian Supercross Championship

That Council support hosting round one of the 2021 Australian Supercross Championship and the following event sponsorship commitment should Tourism and Event Queensland co-funding be secured:

A. $50,000 cash sponsorship

B. Waiving of North Ipswich Reserve venue hire

C. Support of the event through Council’s marketing channels.

Item 2 of the Community, Culture, Arts and Sport Committee No. 2021(04) of 13 May 2021 was considered separately.

Community, Culture, Arts and Sport Committee – item 2

Notice of Motion Response - Customer Service

Moved by Councillor Sheila Ireland:

Seconded by Councillor Andrew Fechner:

That this report providing details of actions and progress relating to items requested in the Notice of Motion – Customer Service, be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

14.4

Economic and Industry Development Committee

Moved by Deputy Mayor Nicole Jonic:

Seconded by Councillor Andrew Fechner:

That Council adopt the recommendations of the Economic and Industry Development Committee Report No. 2021(04) of 13 May 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items of the Economic and Industry Development Committee No. 2021(04) of 13 May 2021 as listed below, as resolution of Council.

Economic and Industry Development Committee – ITEM 1

REPORT - Economic and Industry Development Committee No. 2021(03) of 15 April 2021

That the report of the Economic and Industry Development Committee No. 2021(03) of 15 April 2021 be received and noted.

Economic and Industry Development Committee – ITEM 2

Small Business Funding Program Round 3 Update

That the report be received and the contents noted.

Economic and Industry Development Committee – ITEM 3

Fire Station 101 Memberships Plans

A. That Council note and approve the proposed change of use of the Fire Station 101 facility, which includes the cessation of full-time co-working service offerings.

B. That the proposed Fees and Charges, as detailed in Attachment 1, be adopted with an effective date of 1 July 2021.

C. That the ‘Summary of Change in Fees and Charges’ table in the report be amended to refer to ‘day rate’ and that the words (Sat - Tuesday) be removed.

14.5 Environment and Sustainability Committee	Moved by Councillor Russell Milligan: Seconded by Councillor Sheila Ireland: That Council adopt the recommendations of the Environment and Sustainability Committee Report No. 2021(04) of 13 May 2021.
	AFFIRMATIVE NEGATIVE Councillors: Councillors: Harding Nil Madsen Ireland Tully Doyle Fechner Kunzelmann Milligan Jonic The motion was put and carried.
	This block motion adopts all items of the Environment and Sustainability Committee No. 2021(04) of 13 May 2021 as listed below, as resolutions of Council.
Environment and Sustainability Committee – ITEM 1 REPORT - Environment and Sustainability Committee No. 2021(03) of 15 April 2021	That the report of the Environment and Sustainability Committee No. 2021(03) of 15 April 2021 be received and noted.
Environment and Sustainability Committee – ITEM 2 Traditional Land Access Policy - Reveiw	That Council endorse the revised version of the Traditional Land Access Policy (TLAP), as detailed in Attachment 1 to this report.

At 9.22 am Councillors Andrew Fechner and Jacob Madsen left the meeting room due to a previously declared conflict in Item 14.6.

14.6

Ipswich Central Redevelopment Committee

Moved by Councillor Marnie Doyle:

Seconded by Councillor Kate Kunzelmann:

That Council adopt the recommendations of the Ipswich Central Redevelopment Committee Report No. 2021(04) of 13 May 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Andrew Fechner and Jacob Madsen were present when the vote was taken.

The motion was put and carried.

This block motion adopts all items of the Ipswich Central Redevelopment Committee No. 2021(04) of 13 May 2021 as listed below, as resolutions of Council:

Ipswich Central Redevelopment Committee – item 1

REPORT - Ipswich Central Redevelopment Committee No. 2021(03) of 15 April 2021

That the report of the Ipswich Central Redevelopment Committee No. 2021(03) of 15 April 2021 be received and noted.

Ipswich Central Redevelopment Committee – item 2

Ipswich Central Project and Notice of Motion response

That the report be received and the contents noted.

Ipswich Central Redevelopment Committee – item 3

Nicholas Street Precinct - Retail Sub-Project Steering Committee Report April 2021

That the April 2021 Retail Sub-Project Steering Committee Report be received and the contents noted.

Ipswich Central Redevelopment Committee – item 4

Nicholas St Precinct - Communications, Engagement and Events Report - April 2021

That the Nicholas Street Precinct: Communications, Engagement and Events Monthly Report be received and the contents noted.

At 9.24 am Councillors Andrew Fechner and Jacob Madsen returned to the meeting room.

15. Officers’ Reports

15.1

CEO Organisation Performance Report for April 2021

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That the report be received and noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.2

Monthly Financial Performance Report - April 2021

Moved by Deputy Mayor Nicole Jonic:

Seconded by Councillor Marnie Doyle:

That the report on Council’s financial performance for the period ending 30 April 2021, submitted in accordance with section 204 of the Local Government Regulation 2012, be considered and noted by Council.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.3

Quarter 3 - Operational Plan 2020-2021 Quarterly Performance Report

Moved by Councillor Marnie Doyle:

Seconded by Councillor Andrew Fechner:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.4

Change of time of Council Ordinary Meeting scheduled for 24 June 2021

Moved by Mayor Teresa Harding:

Seconded by Deputy Mayor Nicole Jonic:

That the Council Ordinary Meeting scheduled to commence at 9.00 am on Thursday, 24 June 2021 be rescheduled to commence at 1.00 pm on Thursday, 24 June 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.5

Tony Merrell Park Fencing Grant Submission - Response to petition tabled 25 March 2021

Moved by Councillor Marnie Doyle:

Seconded by Councillor Andrew Fechner:

A. That the report be received and the contents noted.

B. That the Council extend thanks to Mr James Madden MP for bringing forward the petition signed by residents.

C. That the Council advise Mr Madden MP that while not recommended for application for the South East Queensland Community Stimulus Funding Program, the project is being considered for inclusion in the capital works program for the 2021-2022 financial year.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.6

SEQ Community Stimulus Program - Endorsement of Submitted Projects

Moved by Councillor Andrew Fechner:

Seconded by Councillor Sheila Ireland:

That Council endorse the projects shown in Attachment 1, as listed below, for submission under the SEQ Community Stimulus Program:

Allocated Round

· Rosewood Recycling and Refuse Centre Redevelopment

· Riverview Waste Transfer Station - Resource Recovery Area Improvements

Competitive Round

· Redbank Plains Recreation Reserve Youth Area (Stage 1)

· Richardson Park Playground and Amenities Upgrade

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

At 9.44 am Councillors Andrew Fechner and Jacob Madsen left the meeting room due to a previously declared conflict in Item 15.7.

15.7

Nicholas Street Precinct - Metro B Repeal of Previous Council Decision

Moved by Councillor Marnie Doyle:

Seconded by Councillor Kate Kunzelmann:

A. That Council repeal the previous decision of Council contained at Item No. 15.8 (Recommendation D (b)) in the report dated 5 January 2021 and adopted at Council’s Ordinary meeting of 28 January 2021 as detailed below:

“that Council proceed with Option 2(b) of the retail development works with J Hutchinson Pty Ltd for the Design and Construct Contract for Ipswich Central Civic Project (Contract No 13254) subject to the execution of Agreement for Leases for 50% of the Metro B tenancies”.

B. That Council resolve to proceed with Option 2(b) of the retail development (landlord) works for $3,736,953.68 as detailed in Pre-Agreed Variation 2 in executed Variation Deed No.1 (Retail Development) to the Design and Construct Contract for Ipswich Central Civic Project with J Hutchinson Pty Ltd (Contract No 13254).

C. That under s257(1) of the Local Government Act 2009 Council delegate the power to the Chief Executive Officer (“CEO”) to be authorised to finalise Pre-Agreed Variation 2 in executed Variation Deed No.1 (Retail Development) to the Design and Construct Contract for Ipswich Central Civic Project with J Hutchinson Pty Ltd (Contract No 13254) and to do any other acts necessary to implement Council’s decision.

D. That Council endorse the additional capital incentive budget requirement for both Metro B and Eats redevelopments and the inclusion of this funding requirement in the 2021-2022 budget to be adopted by Council in late June 2021.

E. That Council endorse the additional capital budget requirement for value-add design and tenancy variations to Metro B tenancy 2B08 and its inclusion in the 2021-2022 budget to be adopted by Council in late June 2021.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Ireland

Doyle Tully

Kunzelmann

Milligan

Jonic

All Councillors except Councillors Andrew Fechner and Jacob Madsen were present when the vote was taken.

The motion was put and carried.

At 9.54 am Councillors Andrew Fechner and Jacob Madsen returned to the meeting room.

15.8 Appointment of Urban Utilities Board Members	RECOMMENDATION A. That Council endorse the reappointment of Julie-Anne Schafer as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years. B. That Council endorse the reappointment of Kathy Hirschfeld as a Board member of Urban Utilities, effective 1 January 2022, for a term of three years and six months. C. That Council endorse the appointment of Amanda Cooper as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years. D. That Council endorse the appointment of Lucia Cade as a Board member of Urban Utilities, effective 1 October 2021, for a term of three years and nine months. E. That the Chief Executive Officer be authorised to sign an Instrument of Appointment of Board Members to Urban Utilities and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
PROPOSED MOTION	Moved by Mayor Teresa Harding: Seconded by Councillor Andrew Fechner: A. That Council endorse the reappointment of Julie-Anne Schafer as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years. C. That Council endorse the appointment of Amanda Cooper as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years.
ADJOURN MEETING	Moved by Councillor Jacob Madsen That the meeting be adjourned at 10.15 am to reconvene at 10.25 am. Mayor Teresa Harding moved that the meeting be reconvened at 10.45 am.
	AFFIRMATIVE NEGATIVE Councillors: Councillors: Harding Fechner Madsen Ireland Tully Doyle Kunzelmann Milligan Jonic
	The meeting reconvened at 10.45 am.
PROPOSED VARIATION TO MOTION	Councillor Paul Tully proposed the following variation: A. That Council endorse the reappointment of Julie-Anne Schafer as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years. B. That Council endorse the reappointment of Kathy Hirschfeld as a Board member of Urban Utilities, effective 1 January 2022, for a term of three years and six months. D. That Council endorse the appointment of Lucia Cade as a Board member of Urban Utilities, effective 1 October 2021, for a term of three years and nine months. E. That the Chief Executive Officer be authorised to sign an Instrument of Appointment of Board Members to Urban Utilities and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.
	Discussion occurred between all councillors on a proposed motion.
PROPOSED VARIATION TO MOTION	Mayor Teresa Harding proposed the following variation: That the matter be laid on the table and be dealt with at the Growth, Infrastructure and Waste Committee meeting scheduled for 10 June 2021.
PROPOSED MOTION	Councillor Paul Tully proposed the following motion: A. That the original motion be withdrawn. B. That a procedural motion be moved to refer the matter to the Growth Infrastructure and Waste Committee meeting scheduled for 10 June 2021.
VARIATION TO MOTION	Moved by Mayor Teresa Harding: Seconded by Councillor Marnie Doyle: A. That the original motion be withdrawn. B. That the matter be referred for consideration at the Growth, Infrastructure and Waste Committee meeting scheduled for 10 June 2021. The seconder of the original motion agreed to the proposed variation.
	AFFIRMATIVE NEGATIVE Councillors: Councillors: Harding Nil Madsen Ireland Tully Doyle Fechner Kunzelmann Milligan Jonic The motion was put and carried.

15.9

Response to Notice of Motion - Kerb and Channel Program

Moved by Councillor Marnie Doyle:

Seconded by Councillor Andrew Fechner:

A. That the report be received and the contents noted.

B. That Council consider the allocation of capital funds towards a new kerb and channel program as part of the 2021-2022 Council budget.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

16. Notices of Motion

16.1

Notice of Motion - Emergency Works to Unformed Damaged Roads

Moved by Councillor Sheila Ireland:

Seconded by Councillor Jacob Madsen:

That following advice of safety concerns on unformed roads, Council consider undertaking emergency works to remediate damage and provide suitable works to make the unformed roads useable and safe.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Proposed Notice of Motion - Support of bid by Brisbane Jets for the next NRL Team in Southeast Queensland

Councillor Paul Tully gave notice of his intention to move the following motion at the Council Ordinary Meeting scheduled for 24 June 2021:

“That the Ipswich City Council write to the Australian Rugby League Commission and the ARL Chairman Peter V’landys strongly supporting the bid by the Brisbane Jets for the next NRL team in southeast Queensland based on:

1. The long history of Rugby League in Ipswich for over 111 years;

2. Western Brisbane, Ipswich, Logan, Scenic Rim, Somerset, Lockyer Valley and Toowoomba Regions having a population more than twice as large as the other regional bidder;

3. Ipswich, in the core of the Western Corridor, being the fastest growing city in Queensland and one of the fastest growing regions in Australia;

4. Famous Rugby League names permeating Ipswich and the Western Corridor including Kelly, Beattie, Parcell, Flannery, Langer, Meninga, Beetson, Lockyer, and Walters;

5. Local Rugby League being stronger in Brisbane, Ipswich, Logan and the whole Western Corridor with multiple Junior and Senior competitions;

6. Ongoing media support in the Western Corridor for the Brisbane Jets is superior to any other bid with:

· Commercial radio stations in Brisbane, Ipswich and Toowoomba and no commercial radio stations in Redcliffe;

· Commercial television networks in Brisbane and Toowoomba; and

· The Ipswich-Toowoomba region having 4 printed daily/weekly newspapers.”

17. QUESTIONS ON NOTICE

Nil

MEETING CLOSED

The meeting closed at 11.10 am.

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

Council

Meeting Agenda

24 June

2021

Growth Infrastructure and Waste Committee NO. 2021(05)

10 June 2021

MINUTES

COUNCILLORS’ ATTENDANCE: Mayor Teresa Harding (Chairperson); Councillors Paul Tully, Sheila Ireland, Marnie Doyle, Andrew Fechner, Russell Milligan and Deputy Mayor Nicole Jonic

COUNCILLOR’S APOLOGIES: Councillor Kate Kunzelmann

Councillor Jacob Madsen was not present at the commencement of the meeting.

OFFICERS’ ATTENDANCE: Acting Chief Executive Officer (Sonia Cooper), General Manager Community, Cultural and Economic Development (Ben Pole), Manager, Community and Cultural Services (Don Stewart), Project Officer Major Projects and Advocacy (Clare Coburn), Coordinator Major Projects and Advocacy (Dan Heenan), General Manager Planning and Regulatory Services (Peter Tabulo), Manager City Design (Dannielle Owen), Waste and Circular Economy Transformation Manager (Brett Davey), Acting General Manager Coordination and Performance (Barbara Dart), Acting General Manager Corporate Services (Jeff Keech), Property Services Manager (Brett McGrath), Senior Property Officer Acquisitions and Disposals (Alicia Rieck), Senior Property Officer Tenure (Kerry Perrett), Procurement Manager (Richard White), Acting General Manager Infrastructure and Environment (Sean Madigan), Project Manager (Greg Thomas), Resource Recovery Manager (David McAlister), Manager Economic and Community Development (Cat Matson), Manager Development Planning (Anthony Bowles), Chief of Staff (Melissa Fitzgerald), Manager Infrastructure Strategy (Tony Dileo), Team Lead Transport and Traffic (Berto Santana) and Senior Policy and Communications Officer (David Shaw), Acting Media and Communications Manager (Jodie Richter), Theatre Technician (Harrison Cate)

00. Leave of Absence – COUNCILLOR KATE KUNZELMANN

Councillor Kate Kunzelmann requested a leave of absence from the Growth, Infrastructure and Waste Committee No. 2021(05) of 10 June 2021 due to her attendance at the Queensland Local Government Disaster Management Conference.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Sheila Ireland:

That a Leave of Absence be granted for Councillor Kate Kunzelmann.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Councillor Jacob Madsen was not present for the vote on this matter.

Councillor Jacob Madsen arrived at the meeting at 9.04 am.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

In accordance with section 150EW of the Local Government Act 2009, Mayor Teresa Harding informed the meeting that she reasonably believes Councillor Paul Tully has a declarable Conflict of Interest in Item 2 titled Appointment of Urban Utilities Board Members. Mayor Teresa Harding stated the nature of the interest is because of the discussion based on statements made by Councillor Paul Tully at the 27 May 2021 Ordinary Council meeting relating to Dr Bruce Leslie. Mayor Harding believes there is a declarable conflict between Councillor Paul Tully’s personal interests and the public interest and that because of this conflict Councillor Tully’s participation in a decision about the matter might lead to a decision that is contrary to the public interest. Mayor Harding’s belief is founded on donations of $6203 made by Dr Leslie to Councillor Tully’s 2017 election campaign in July to August 2017.

The Chairperson sought clarification from Councillor Paul Tully as to whether he believes he has a declarable Conflict of Interest in Item 2 titled Appointment of Urban Utilities Board Members.

Councillor Paul Tully clarified that he believes that he does not have a declarable Conflict of Interest in the matter because the report does not make any reference to Dr Bruce Leslie. Councillor Paul Tully stated that he does not believe he has a conflict in a personal sense and that comments made previously were in relation to a person who hasn’t been appointed to the board. He further stated that he will accept the decision of the committee as to whether he can remain in the meeting, including by voting.

It was moved by Mayor Teresa Harding that Councillor Paul Tully does have a declarable conflict of interest in this matter as she believes the matter is a personal interest that may make the decision for Item 2 contrary to the public interest.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Ireland

Madsen

Doyle (abstain)

Fechner

Milligan

Jonic

Councillor Paul Tully did not take part in the vote on this matter.

The motion was put and lost.

The other councillors present at the meeting stated that Councillor Paul Tully may participate in the meeting in relation to the matter, including by voting on the matter.

BUSINESS OUTSTANDING

Nil

Confirmation of Minutes

1. Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2021(04) of 13 May 2021

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That the Minutes of the Meeting of the Growth, Infrastructure and Waste Committee No. 2021(04) of 13 May 2021 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Officers’ Reports

2. Appointment of Urban Utilities Board Members

This is a report concerning the proposed reappointment of Julie-Anne Schafer and Kathy Hirschfeld and the appointment of Amanda Cooper and Lucia Cade to the Board of Urban Utilities.

“The attachment/s to this report are confidential in accordance with section 254J(3)(c), (g), (i) of the Local Government Regulation 2012.”

Mayor Teresa Harding (Chairperson) moved all recommendations, being A to E, individually.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

A. That Council endorse the reappointment of Julie-Anne Schafer as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Doyle (abstain)

Tully

Ireland

Madsen

Fechner

Milligan

Jonic

The motion was put and carried.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

B. That Council endorse the reappointment of Kathy Hirschfeld as a Board member of Urban Utilities, effective 1 January 2022, for a term of three years and six months.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Doyle (abstain)

Tully

Ireland

Madsen

Fechner

Milligan

Jonic

The motion was put and carried.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

C. That Council endorse the appointment of Amanda Cooper as a Board member of Urban Utilities, effective 1 July 2021, for a term of three years.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Tully (abstain)

Fechner Ireland

Milligan Madsen (abstain)

Jonic Doyle (abstain)

The Chairperson (Mayor Harding) exercised her casting vote in deciding this matter.

The motion was put and carried.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

D. That Council endorse the appointment of Lucia Cade as a Board member of Urban Utilities, effective 1 October 2021, for a term of three years and nine months.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Doyle (abstain)

Tully

Ireland

Madsen

Fechner

Milligan

Jonic

The motion was put and carried.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

E. That the Chief Executive Officer be authorised to sign an Instrument of Appointment of Board Members to Urban Utilities and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Tully (abstain)

Ireland Doyle (abstain)

Madsen

Fechner

Milligan

Jonic

The motion was put and carried.

SUBSEQUENT MOTION

Mayor Teresa Harding proposed the following subsequent motion:

That council write to Urban Utilities to discuss the next board appointments to include a suitably qualified Ipswich resident.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That council write to Urban Utilities to discuss the next board appointments to include a suitably qualified Ipswich resident.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Tully (abstain)

Ireland Madsen (abstain)

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

3. North Ipswich Sport and Entertainment Precinct Business Cases and National Sporting Expansion into Ipswich

The North Ipswich Sport and Entertainment Precinct is a rectangular stadium concept intended to contribute to the revitalisation of Ipswich Central through regular large-scale activations as well as addressing the lack of national-level sporting content within Ipswich. Council is supporting local proponents to progress bids to participate in national sporting expansion by addressing infrastructure gaps required to attract national sporting franchises.

This report:

· Provides an overview of the strategic business case and the options analysis for the North Ipswich Sport and Entertainment Precinct, in fulfilment of Resolutions B and C of Growth and Infrastructure Committee No. 2019 (05) dated 14 May 2019 Council Decision.

· Summarise recent consultation with Brisbane Jets NRL bid and Western Pride A-League bid, including an outline of evolving national sporting bid processes as captured through the “Sporting Expansion Situational Review and Opportunities Analysis report”.

· Summarise the sports event attraction opportunity as outlined in the “Sporting Expansion Situational Review and Opportunities Analysis” report.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Paul Tully:

A. That council receive and note the contents of the:

· Strategic Business Case titled A Global Standard Sport and Entertainment Precinct in Ipswich.

· Options Analysis for the North Ipswich Sport and Entertainment Precinct

· Situational Review and Opportunities Analysis (Confidential report)

B. That council endorse further engagement with both NRL and A-League expansion proponents to respond to updated bid requirements in the short term and receive at a future date, a proposal for consideration.

C. That council endorse further engagement with both NRL and A-League into scope event attraction to Ipswich in the short term and receive at a future date, a proposal for consideration.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

4. Blackall Monument Relocation Investigations

This is a report concerning the potential relocation of the Blackall Monument currently situated on Denmark Hill to its original location in d’Arcy Doyle Place, Ipswich.

Moved by Councillor Marnie Doyle:

Seconded by Deputy Mayor Nicole Jonic:

A. That the report be received and the contents noted.

B. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

PROPOSED AMENDMENT

Councillor Paul Tully moved that the report be amended on page 2, third line to clarify wording to state ‘within what is now d’Arcy Doyle Place’.

That the current Recommendation B be removed in relation to Human Rights analysis and the proposed amendment become the new Recommendation B.

The mover and seconder agreed to the proposed amendment.

DECISION

Moved by Councillor Marnie Doyle:

Seconded by Deputy Mayor Nicole Jonic:

A. That the report be received and the contents noted.

B. That the report be amended on page 2, third line to clarify wording to state ‘within what is now d’Arcy Doyle Place’.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Attachments

1. Updated officer's report - Blackall Monument Relocation Investigations

5. 1 Nicholas Street and Ipswich Central Library - Green Workplace Travel Plan

This is a report concerning the development by Ipswich City Council of a corporate Green Workplace Travel Plan for 1 Nicholas Street and the Ipswich Central Library

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Andrew Fechner:

A. That the report be received and the contents, particularly the Green Workplace Travel Plan as detailed in Attachment 1 of the report by the Transport Planner (Transport Planning) dated 17 May 2021, be noted.

B. That the outcomes and key messages of the Green Workplace Travel Plan be communicated and promoted to Ipswich City Council employees.

C. Recommendations A and B are compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Confidential REPORT

This report is considered confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2021, as it contains information relating to negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interest of the local government.

6. Sub-Regional Waste Alliance - Evaluation Report

This is a report concerning the sub-regional waste alliance of Councils (the Alliance) and the expression of interest process seeking the provision of resource recovery services and/or waste disposal services.

The purpose of this report is to provide Councillors with an overview of:

· the background and structure of the proposed sub-regional solution types including material recovery of recyclables and resource recovery and disposal services; and

· consider the outcome of the acceptable operating parameter evaluation report; and

· consideration of whether to progress any solution types to an early tenderer consideration phase.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

DECISION

Moved by Councillor Andrew Fechner:

Seconded by Councillor Russell Milligan:

A. That Council resolve the recommendations as outlined in confidential Attachment 1 and progress to the Early Tenderer Involvement Phase those participants identified, subject to the decisions of other Sub-Regional Waste Alliance Councils resulting in minimum ongoing participation thresholds being reached.

B. That all expressions of interest identified in confidential Attachment 1 to not progress, be set aside and not considered further for a sub-regional solution.

C. That the Chief Executive Officer notify the Chief Executive Officer of Logan City Council in writing of Council’s decisions in relation to the Sub-Regional Waste Alliance Shortlisted Solutions Evaluation report and recommendations.

D. That this report and attachments remain confidential until any contract resulting from this potential procurement process is awarded or otherwise details published in accordance with legislative requirements, subject to maintaining the confidentiality of legally privileged private and commercial in confidence information.

E. Recommendations A to D above are compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Attachments

1. Sub-Regional Waste Alliance Evaluation Report - open version

Adjourn Meeting

That the meeting be adjourned at 10.03 am to reconvene at 10.30 am.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

The meeting reconvened at 10.30 am

7. Waste and Circular Economy Directive Update 3

This is a report concerning an update on the implementation of the Waste and Circular Economy Transformation Directive.

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Andrew Fechner:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

8. Development Application Recommendation - 1516/18/VA Variation Request - 36 Child Street, Riverview

This is a report concerning an application seeking approval for a Variation Request to vary the effect of the Ipswich Planning Scheme 2006 to apply the provisions of the Residential Low Density Zone (RL2 Sub Area) in lieu of the Recreation Zone to part of the site at 36 Child Street, Riverview.

The proposed development has been assessed in relation to the applicable assessment benchmarks. The proposed development complies in part with the assessment benchmarks and is recommended for part approval.

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

A. That Council resolve to approve development application no. 1516/2018/VA in part subject to conditions and attachments.

B. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

FORESHADOWED MOTION

Councillor Paul Tully foreshadowed that he would move an alternate motion in the event that Councillor Harding’s motion was lost.

A. That council resolve to refuse development application no. 1516/2018/VA as outlined below:

The proposed application cannot be supported in accordance with section 60 of the Planning Act 2016, as the proposal conflicts with the assessment benchmarks of the planning scheme and State Planning Policy and other relevant matters, principally the Waste and Circular Economy Transformation Policy Directive.

Assessment benchmarks (s.45(5)(a)(i) of the Planning Act)

With respect to ecology;

1. The proposed development results in unacceptable ecological impacts, because it;

(a) will not minimise impacts on or avoid significant adverse effects on the natural landscape character in that it does not retain or conserve:

I. significant trees where possible;

II. natural drainage patterns or open space systems;

III. tracts of remnant vegetation;

IV. vegetated areas with biodiversity values and ecological value;

V. significant areas of native vegetation and their associated wildlife habitats and linkages;

VI. will not avoid or minimise the adverse impacts on matters of state environmental significance; and

2. The proposed development does not comply with the applicable assessment benchmarks and the State Planning Policy which warrants refusal of the development application, being;

I. Ipswich Planning Scheme Part 12, Div 5 – Reconfiguring a Lot Code;

II. Ipswich Planning Scheme Part 4, Div 5 – Urban Areas Code;

III. Ipswich Planning Scheme Part 12 Div 4 – Vegetation Management Code;

IV. Ipswich Planning Scheme Part 4, Division 17 - Recreation code;

V. State Planning Policy;

VI. Environmental Protection Act 1994;

VII. Nature Conservation Act 1992.

VIII. Environmental Protection and Biodiversity Conservation Act 1999

Other relevant matters (s.45(5)(b) of the Planning Act)

With respect to Residential Amenity;

3. The proposal will result in unacceptable amenity impacts, because it;

(a) does not discourage residential encroachment in close proximity to areas designated for future industrial development.

4. The proposal is contrary to the policy directive as the proposal does not comply with directive 5 (Protect Our Residential Amenity) of the Waste and Circular Economy Transformation Policy Directive.

Based on the matters set out in points 1 to 4 herein, a decision to approve the proposal cannot be supported on the basis that the development cannot be appropriately conditioned to address the above listed inconsistencies with the assessment benchmarks and other relevant matters.

B. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

A. That Council resolve to approve development application no. 1516/2018/VA in part subject to conditions and attachments.

B. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Tully

Madsen Ireland

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The original motion was put and carried.

9. Proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2021

This is a report concerning the adoption of the proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2021 to replace the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2020. This is an annual exercise to ensure that the development charges keep pace with any increase in costs by applying the Producer Price Index (PPI) for Construction.

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Russell Milligan:

A. That Council adopt the Adopted Infrastructure Charges Resolution as detailed in Attachment 1 pursuant to s113 of the Planning Act 2016 as the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2021.

B. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

10. Systematic Inspection Program - Dog Registration

This is a report concerning the authorisation by Council of a Systematic Inspection Program to identify unregistered dogs within the Ipswich Local Government Area.

Council will recall that in August 2020 it considered a similar report for the approval of a program to run from February to June 2021.

It is now proposed to seek approval of a program for the 2021-2022 year.

Recommendation

A. That the Systematic Inspection Program for unregistered dogs be undertaken from 1 July 2021 to 30 June 2022.

B. That the Systematic Inspection Program be restricted to residential properties in the Ipswich Local Government area.

C. That the Animal Management Operations Manager publish a notice of the Systematic Inspection Program pursuant to section 114 of the Animal Management (Cats and Dogs) Act 2008.

D. Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

Councillor Jacob Madsen left the meeting at 11.24 am

Councillor Jacob Madsen returned to the meeting at 11.27 am.

Councillor Paul Tully proposed that in relation to Recommendation B the word ‘commercial’ be included after the word ‘residential’.

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

A. That the Systematic Inspection Program for unregistered dogs be undertaken from 1 July 2021 to 30 June 2022.

B. That the Systematic Inspection Program be restricted to residential and commercial properties in the Ipswich Local Government area.

C. That the Animal Management Operations Manager publish a notice of the Systematic Inspection Program pursuant to section 114 of the Animal Management (Cats and Dogs) Act 2008.

D. Recommendations A to C are compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

11. Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority 27 April 2021 to 25 May 2021

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

12. Planning And Environment Court Action Status Report

This is a report concerning a status update with respect to current Planning and Environment Court actions associated with development planning applications

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

13. Amendment to Acquisition of INF02725 Drainage Easement for Local Drainage Rehabilitation at Arthur Summervilles Road, Karalee

This is a report concerning an amendment to the area for acquisition of an easement for drainage purposes for the Local Drainage Rehabilitation Project at Arthur Summervilles Road, Karalee.

“The attachment/s to this report are confidential in accordance with section 254J(3)(h) of the Local Government Regulation 2012.”

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Russell Milligan:

A. That the previous decision of Council contained at Item 3 of the Growth and Infrastructure Committee 2019(03) dated 12 March 2019, Recommendation A b., and adopted at Council's ordinary meeting of 19 March 2019, be repealed.

B. That pursuant to Section 6(1) of the Acquisition of Land Act 1967, Council as “constructing authority” acquire an easement over land at 124 Arthur Summervilles Road, Karalee, more particularly described as part of Lot 2 on SP249521 (Council reference 5114), for drainage purposes.

C. That the method of acquiring the subject easement be by agreement with the affected person/s in accordance with Division 3, Acquisition of Land Act 1967; however where agreement cannot be reached, or operational timeframes intervene, the method of acquiring the subject easement be in accordance with Division 2, Acquisition of Land Act 1967.

D. That Council be kept informed as to the progress and outcome of the acquisition.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

14. Recommendation to Award of Council Tender 16233 Road Traffic Control Services

This is a report concerning the establishment of a Preferred Supplier Arrangement (PSA) for road traffic control services for a period of two (2) years from 1 July 2021 to 30 June 2023 for an estimated spend of six million, six hundred thousand ($6,600,000) (ex-GST).

After an open market request for tender process, an evaluation panel has recommended three suppliers for the PSA as set out in Recommendation B below. The recommendation provides Council with one (1) company who has an Ipswich Based Branch Office and two (2) companies being Adjacent Local Government Businesses. The recommendations have been determined by the evaluation panel to offer Council the best value for money.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

A. That in accordance with s233 of the Local Government Regulation 2012, Council establish a Preferred Supplier Arrangement for the supply of Road Traffic Control Services.

B. That Council enter into a contract for the supply of Road Traffic Control Services with the suppliers listed below for a period of up to two (2) years:

· ACQUIRED AWARENESS TRAFFIC MANAGEMENT PTY LTD

· TRAFFEX AUSTRALIA PTY LTD

· VERIFACT TRAFFIC PTY LTD

C. That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contract to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

D. Recommendations A and B are compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

Councillor Andrew Fechner left the meeting at 11.59 am.

Councillor Andrew Fechner returned to the meeting at 12.02 pm.

15. IED Capital Portfolio Financial Performance Report - April 2021

This is a report concerning Infrastructure and Environment Department’s (IED) capital portfolio financial performance for the period ending 30 April 2021.

DECISION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

That the monthly financial performance report on the Infrastructure and Environment Department’s Capital Portfolio Budget for 2020-2021 be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Milligan

Jonic

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 9.00 am.

The meeting closed at 12.09 pm.

Council

Meeting Agenda

24 June

2021

Governance and Transparency Committee NO. 2021(05)

10 June 2021

Report of the Governance and Transparency Committee

for the Council

COUNCILLORS’ ATTENDANCE: Councillor Jacob Madsen (Chairperson); Councillors Russell Milligan (Deputy Chairperson), Mayor Teresa Harding, Councillor Marnie Doyle and Deputy Mayor Nicole Jonic

COUNCILLOR’S APOLOGIES: Councillor Kate Kunzelmann

OFFICERS’ ATTENDANCE: Acting Chief Executive Officer (Sonia Cooper), General Manager Community, Cultural and Economic Development (Ben Pole), Acting General Manager Corporate Services (Jeff Keech), General Manager Planning and Regulatory Services (Peter Tabulo), Acting General Manager Infrastructure and Environment (Sean Madigan), Manager Compliance (Alisha Connaughton), Manager Procurement (Richard White), Destination Development Manager (Alistair Tavares), Senior Property Officer (Tenure)(Kerry Perrett), Principal Officer (Program Management Office)(Anna Payne), Acting Media and Communications Manager (Jodie Richter) and Theatre Technician (Harrison Cate)

00. Leave of Absence - Councillor Kate Kunzelmann

Councillor Kate Kunzelmann requested a leave of absence from the Governance and Transparency Committee No. 2021(05) of 10 June 2021 due to her attendance at the Queensland Local Government Disaster Management Conference.

RECOMMENDATION

Moved by Councillor Jacob Madsen:

Seconded by Mayor Teresa Harding (Mayor):

That a Leave of Absence be granted for Councillor Kate Kunzelmann.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

Nil

BUSINESS OUTSTANDING

Matter laid on the table at Governance and Transparency Committee 13 May 2021 until 8 July 2021

• Item 4 - Procurement - Studiosity Subscription Renewal

Confirmation of Minutes

1. Confirmation of Minutes of the Governance and Transparency Committee No. 2021(04) of 13 May 2021

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

That the Minutes of the Meeting of the Governance and Transparency Committee No. 2021(04) of 13 May 2021 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

Officers’ Reports

2. iVolve Project Quarterly Status Update

This report provides an update on progress to date made on Council’s iVolve Project and the quarterly project controls report.

RECOMMENDATION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

3. 16062 Ipswich City Council Animal Management Centre

This is a report concerning the recommendation to award Tender No. 16062 for the provision of management services for the Ipswich City Council Animal Management Centre. This report seeks Council resolution to enter into a Large Sized Contractual arrangement with the Animal Welfare League of Queensland Incorporated for the provision of management services for the Ipswich City Council Animal Management Centre.

The cost to provide management services for the Ipswich City Council Animal Management Centre under this contract are estimated to be $1,740,140 (ex GST) per annum or $9,238,640 (ex GST, assuming an annual CPI increase of 3%) for the total contract term of three (3) years, with two (2) x one (1) year options to extend.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

RECOMMENDATION

Moved by Deputy Mayor Nicole Jonic:

Seconded by Councillor Marnie Doyle:

A. That Tender No. 16062 for the provision of management services for the Ipswich City Council Animal Management Centre be awarded to Animal Welfare League of Queensland Incorporated (ABN 75 521 498 584).

B. That Council enter into a contract with Animal Welfare League of Queensland Incorporated for the provision of management services for the Ipswich City Council Animal Management Centre for an estimated sum of nine million, two hundred and thirty eight thousand, six hundred and forty dollars ($9,238,640) (excl GST and assuming an annual CPI increase of 3%) for a period of three (3) years plus two (2) x one (1) year options to extend.

D. Recommendation B is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

4. Procurement - Overdrive subcription for eResources

This is a report recommending Council to enter into a contract with Overdrive Australia Pty Ltd (OverDrive) as it has acquired the original contracted company Wavesound Pty Ltd (RBDigital). With this acquisition, currently held Ipswich Libraries resources purchased from RBDigital (Wavesound) migrated to Overdrive on 16 March 2021 and all subscriptions paid for 2020-2021 will be honoured by Overdrive.

This report seeks Council resolution that the exception in 235 (a) of the Local Government Regulation 2012 applies and OverDrive is the only supplier reasonably available to provide the supply of specialised eResources for Council, as all the content owned by Ipswich Library and previously purchased by Council through Wavesound has now transferred to OverDrive for library customer access. Council has an allocated/balance of funds for current subscription period amounting to the sum of sixty-five thousand three hundred and sixty-three dollars ($65,363), which will be lost if Council does not transition to OverDrive.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Deputy Mayor Nicole Jonic:

A. That Council resolve it is satisfied that the exception in 235(a) of the Local Government Regulation 2012 applies and that OverDrive Australia Pty Ltd is the only supplier reasonably available to provide Library eResources.

B. That Council enter into a contract with OverDrive Australia Pty Ltd for the balance of the current budgeted Subscription period 2020–2021 at a cost of $65,363.00 (ex GST).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

5. New Trustee Lease over Reserve for Recreation Purposes to Australian Crawl (Goodna) Pty Ltd over 256 Brisbane Road, Bundamba

This is a report concerning the proposed Trustee Lease over 256 Brisbane Road, Bundamba, described as Lot 1 on SP245249 between Ipswich City Council as Trustees (Council) and Australian Crawl (Goodna) Pty Ltd (ACG).

RECOMMENDATION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Councillor Russell Milligan:

A. That Council terminate the Swimming Pool Management Agreement with Australian Crawl (Goodna) Pty Ltd described as Lot 1 on SP245249 located at
256 Brisbane Road, Bundamba.

B. That Council, as Trustees, resolve pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) that the exemption under section 236(1)(c)(iii) and of the Regulation applies to the disposal of the leasehold interest described as Lot 1 on SP245249 located at 256 Brisbane Road, Bundamba (“the land”), by way of a leasehold arrangement between Council and Australian Crawl (Goodna) Pty Ltd.

C. That Council enter into a Trustee Lease with Australian Crawl (Goodna) Pty Ltd (“the tenant”) over the property described as Lot 1 on SP245249 located at 256 Brisbane Road, Bundamba (“the land”) for a period until 31 March 2028.

D. That pursuant to section 257(1)(b) of the Local Government Act 2009, Council delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

6. Tenure Arrangements over the Springfield Central Sports and Community Hall located at 134A Parkland Drive, Springfield Central (formally 7003 Parkland Drive, Springfield Central)

This is a report concerning Council’s previous decision of the General Purpose Committee, Item No. 8 on 21 July 2020 and adopted at the Council Ordinary meeting of 28 July 2020, in particular to Recommendation B of the Officer’s Report titled Proposed New Sub Lease over Freehold Land for Community Purposes to Y-Care – South East Queensland Inc. Trading as YMCA Social Impact – 7003 Parkland Drive Springfield Central.

It was resolved at Council’s Ordinary Meeting that Council enter into a Sub Lease and Management Agreement with Y-Care (South East Queensland) Inc. trading as YMCA Social Impact over land described as Lot 1200 on SP303944 located at
7003 Parkland Drive, Springfield Central.

Upon further review by Legal Services it was identified that the correct tenure should be a further Sub-Lease; ie a Sub Sublease to Y-Care.

As the provisions of the Sub SubLease and the original Sub Lease are identical, it is recommended that the report only needs to be received and noted.

“The attachment/s to this report are confidential in accordance with section 254J(3)(e) of the Local Government Regulation 2012.”

RECOMMENDATION

Moved by Mayor Teresa Harding (Mayor):

Seconded by Deputy Mayor Nicole Jonic:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

7. Repeal of Previous Council Decision for Proposed New Telecommunications Lease to Vodafone Network Pty Limited Located at 81 Stuart Street, Goodna

This is a report concerning the repeal of a previous decision of the City Management, Finance and Community Engagement Committee, Item No. 23 on the 23 January 2018 and adopted at the Council Ordinary meeting of 30 January 2018, to withdraw the Lease over the land described as Lot 107 on SP216922, located at 81 Stuart Street, Goodna.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

That Council repeal its previous decision (Item No 23 of the City Management, Finance and Community Engagement Committee No 2018 (01) adopted as recommendation A2., at the Council Ordinary meeting of 30 January 2018, permitting Council to enter into a Lease with Vodafone Network Pty Limited in relation to land located at 81 Stuart Street, Goodna, (Lot 107 on SP216922).

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Jonic

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 1.03 pm.

The meeting closed at 1.20 pm.

Council

Meeting Agenda

24 June

2021

Doc ID No: A7221040

ITEM: 15.1

SUBJECT: CEO Organisation Performance Report for May 2021

AUTHOR: Acting Chief Executive Officer

DATE: 11 June 2021

Executive Summary

The purpose of this report is to provide a high-level report on significant and important matters, key performance priorities, corporate risks and matters on which the Council is consulting and engaging with the community.

RECOMMENDATION/S

That the report be received and the contents noted.

BACKGROUND

In response to the expectations of the community and their elected representatives to

increase good governance, transparency and integrity, a Chief Executive Officer report

will be provided to the Council each month.

1. Current Significant Matters

· Final preparations have continued during May 2021 for the opening of Ipswich’s dedicated children’s library on 28 June 2021 and for the transition of council’s office- based workforce to the new administration building, 1 Nicholas Street. Transition of staff into the building will be occurring in stages during the week of 28 June to 2 July 2021. The move-in to the new building was originally scheduled for September 2021. With Hutchinson Builders achieving practical completion months ahead of schedule, a decision was made to move-in earlier, on 28 June 2021. While all efforts have been made for the completion of all elements of the fit-out and installation, it is likely that there will be some components that are not finalised or with minor defects. The project team has done an outstanding job and will continue to see the project through to its finalisation.

· After months of work the 2021-2022 Annual Plan and Budget were presented to council for consideration and adoption at the Special Council Meeting earlier today.

· A separate item on today’s Council Ordinary Meeting agenda concerns significant expenditure defending three (3) appeals by waste operators in Ipswich.

· Council projects and programs won two awards and were finalists for two others in the Local Government Managers Association Excellence Awards. The winners were: Food Truck Friendly Council; and Karalee Library Pod. The finalists were: Ipswich Trekkers 2.0; and Transparency and Integrity Hub.

2. Workplace Health and Safety

A combined partnership between Workplace Wellbeing and Safety and Operational Leaders to drive lead indicators and management presence in the field has resulted in an exceptional injury incident performance for the month. There were no lost time injuries (LTIs) for the month and the overall incident rate is not only lower than this time last year, but it is going against the upward trend normally seen at this time of year.

· Council’s Lost Time Injury Rate (LTIFR) of 5.43 is lower than the three-year average of 11.6

· LTIFR severity rate 24.6

3. Update on Corporate/Operational Plans
Council adopted iFuture, the new Corporate Plan for 2021-2026 at the April Ordinary Council meeting. All documentation relating to the development of iFuture, including the adopted plan can be found at Shape Your Ipswich:

https://shapeyouripswich.com.au/corporate-plan-2021-2026

The 2020-2021 Operational Plan Quarter 3 performance report was received and noted by Council at its 27 May 2021 Ordinary Council meeting. The 2020-2021 Operational Plan and previously adopted quarterly reports are available for public viewing on Council’s website. The link is:

https://www.ipswich.qld.gov.au/about_council/media/corporate_publications/operational_plan

4. Major Key Performance Indicators

People and Culture

· Council’s employee numbers as at 31 May 2021 are: 1049 full-time; 124 part-time; 113 casuals; and 128 contingent workers.

· Turnover rate has trended down overall over the last 12 months, since the outbreak of the COVID-19 Pandemic, and is currently tracking at 7.26%. This is an increase in the rate reported last month.

Finance

Council’s current result is ahead of the operating year to date (YTD) budget, and it is anticipated that we will also be ahead at the end of financial year. The materials and services current YTD favourable variance has reduced during May due to a large increase in expenditure. This variance is expected to further reduce in June as more programs are delivered. Year to date, the net result (including capital revenues) for Council as at 31 May 2021 is $50.9 million compared to the YTD budget of $61.3 million. Council’s operating deficit (excluding capital revenue) is approximately $10.9 million compared to the YTD budget deficit of $15.3 million.

Council’s financial performance report is tabled via a separate report to Council every month and is included on this meeting’s agenda.

Capital Delivery Program 2020-2021

The Infrastructure and Environment Department (IED) is responsible for the constructed and natural assets of the city and manages Council’s roads, traffic systems, building, parks, drains and natural areas.

Management of council’s environmental and sustainability responsibilities includes conservation, waste, stormwater, cultural heritage and emergency events.

Council ramped up the delivery of capital infrastructure projects across the city for the

month of May. The forecast capital spend for May was $13.8 million. The actual capital

spend for the month of May was $10.9 million. The underspend was predominantly due to

delays by the contractor commencing works on the Springfield Greenbank Arterial

duplication. An underspend also occurred in the Fleet area with delays in the procurement

of heavy plant such as waste trucks due to supply stock shortages globally. It is currently

forecast that the end of financial year capital spend for the IED will be approximately 3 million underspent, with the majority of this to be carried over and spent in the first few months of the new financial year.

5. Risk and Compliance Update

Corporate Risk Register

Council’s corporate risk register is reported through Council’s Audit and Risk Management Committee which is held on a quarterly basis. Council’s corporate risk register is reviewed and updated every two months at the Executive Leadership Team (ELT) Risk Committee meeting.

The ELT is set to review Council’s corporate risks at their next meeting on 7 June 2021.

Legal Matters

An overview of all current active court proceedings (excluding Planning and Environment Court matters which are already the subject of a monthly Court Action Status Report by the Planning and Regulatory Services Department) and all significant legal matters that are not the subject of court proceedings is provided at Confidential Attachment 3 to this report.

Matters that are not the subject of court proceedings will be considered significant where:

• they concern subject matter of significant public interest/concern; and/or

• where their outcome may present significant financial value/impact for Council; and/or

• where their outcome may set important precedent for Council.

Generally significant non-court matters will only be reported where they are the subject of dispute and management of that dispute is being administered by Legal Services (as opposed to where Legal Services’ involvement is ad-hoc or limited to the provision of internal advice), or where they concern a significant project for Council.

The detail reported in respect of each matter listed has been provided with privacy, confidentiality and legal professional privilege (and the requirement to maintain same) in mind.

6. Current Consultation Matters

Shape your Ipswich is Ipswich City Council’s digital engagement platform where Council uses a range of digital techniques to connect with the community and promote any events associated with the consultation project. https://shapeyouripswich.com.au/

Projects currently open on Shape Your Ipswich

Project Name	Project Lead (Council Department)	Purpose of engagement
Ipswich Central	Community, Cultural and Economic Development Department	Inform community on the redevelopment of central Ipswich. Consultation on CBD planning and development.
Urban Heat Island Research Project Department	Infrastructure and Environment Department	Consultation on community experiences of the urban heat environment. Partnership with Griffith University and University of the Sunshine Coast
Remondis Waste to Energy Facility	Planning and Regulatory Services Department	Links to where the community can find out further information about the project, and how they can participate in the assessment and approvals process.
Transparency and Integrity Hub	Coordination and Performance Department	Inform community about the project and link to the Transparency and Integrity Hub website.
Waste and Circular Economy	Planning and Regulatory Services Department	Inform community of when the policy directive was implemented and why. Disclosure of the Waste and Circular Economy Transformation Directive policy. Education on the waste stream / key data sets. Links to similar projects of interest.
Local Business and Investment	Community, Cultural and Economic Development	Promoting workshops and training opportunities for small businesses in Ipswich.

Projects that will open in the next month

Project Name	Project Lead (Council Department)	Purpose of engagement
Second Inner-City River Crossing (‘Norman Street Bridge’)	Infrastructure and Environment	Update the community on planning progress and Council’s advocacy efforts.
Springfield Parkway Road Upgrade	Infrastructure and Environment	Keeping the community updated and informed of the construction / upgrade operations.
Redbank Plains Road Upgrade Stage 3	Infrastructure and Environment	Keeping the community updated and informed of the construction / upgrade operations.
Sustainability Strategy	Infrastructure and Environment	Consultation with the community on the draft Sustainability Strategy.
Ti Tree Bioenergy Funding	Infrastructure and Environment	Gather project idea submissions from the community for Council to consider as part of the proponent’s development conditions.

7. External Funding

Councils in Queensland may receive funding from the Federal and State Governments. Council currently has 81 active grants worth $33.3 million in grant revenue. A breakdown summary is provided below:

8. Council Resolutions

Number of resolutions finalised during the month: 215

Number of resolutions in progress at the end of the month: 101

HUMAN RIGHTS IMPLICATIONS

There are no human rights implications arising from the recommendation of this report which is only to receive and note.

Attachments and Confidential Background Papers

1.	Council Resolutions Report including in progress and completed actions ⇩

	CONFIDENTIAL
2.	Legal Services Confidential Attachment for CEO Organisation Performance Report for May 2021

Council

Meeting Agenda

24 June

2021

Doc ID No: A7300089

ITEM: 15.2

SUBJECT: Naming Proposal - Northern Sports Fields / DA22a and 22B Springfield Central

AUTHOR: Waste and Circular Economy Transformation Manager

DATE: 27 May 2021

Executive Summary

This is a report regarding the need to name the Northern Sports Fields / DA 22A and 22B located in Springfield Central which is presently under construction.

For clarity, there are three (3) functional naming opportunities for this facility:

1. Precinct-wide name – Corporate (2) and Gazettal (3)

There are to be two (2) names for the precinct – a corporate name (to be selected by Lions and consented to by Council in accordance with the existing heads of agreement), and a formal gazetted name for the park (to be selected by Council in consultation with the Lions). Think Suncorp Stadium (corporate) versus Lang Park (gazetted).

2. Corporate Name - RESOLVED

The corporate name was discussed in a session on the 20^th of April 2021 and has been finalised using ‘Brighton Homes’, excluding the use of the word ‘park’.

3. Gazettal Name

As part of the development approval, the Lions were asked to suggest gazettal names for the open space, however Council will now make that decision.

In respect to item, 2 (above), a commercial trading name has been selected by mutual agreement of the Brisbane Lions and Council being ‘Brighton Homes Arena’. The name explicitly excluded the use of the language of ‘park’ to ensure that ‘park’ was available for use in the gazetted name.

There are now two remaining issues to resolve.

A. Is there to be a single precinct wide gazetted name for the adjacent facilities or two (2) separate names (being for 22A and 22B)?

B. What is the gazetted name for the precinct?

Recommendation/s

A. That Council resolve to select a name or name(s) for the area described as the Northern Sportsfields / Development Application 22A and 22B.

Recommendation A is compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

RELATED PARTIES

The Brisbane Lions have been consulted in consideration of this matter. The comments from the Brisbane Lions can be summarised as follows:

· The Lions are very supportive of a single parkland name to incorporate both 22A + 22B and possible additional parkland (22C) in future.

· Use of Springfield or Springfield Central: Council made an undertaking in the Heads of Agreement that the arena would be located in the suburb of “Springfield Central”, which has been met insofar as the suburb boundaries are concerned. The Lions have a strong preference for “Springfield Central” then to be the geographic marker, given the location of the arena within that suburb and its site alongside “Springfield Central Station”.

· The use of a Suffix (for example, Stadium, Sports Precinct, Park, Grounds): The Lions have a preference for “Park”, as it aligns with the most-commonly used designation for similar facilities nationally, is concise and speaks to the Creekside parkland setting that we are striving for in the facility design.

Advance Ipswich Theme

Managing growth and delivering key infrastructure

Purpose of Report/Background

Council’s Framework for Development Applications and Related Activities states:

Naming – the naming or renaming of all roads, private roads, parks, bridges and places within the Ipswich Local Government Area will be undertaken in accordance with the related procedure. Preferred names are those of Pioneers, an individual or family who have an exemplary long history associated to the area, or for local identities with national level sporting or cultural achievements. Estate names, business names, product names, religious names or themes, political names or themes, developer, consultant, Council officers or Councillors names are not to be used.

In accordance with Council Naming Procedure, adopted on 27 November 2018 the naming of City-Wide facilities is to be referred the relevant Committee for consideration and determination.

Existing Sporting facilities located in the suburb of Springfield Central comprise:

‘Springfield Central Sports Complex’ (formerly referred to as the Southern Sports fields, was officially named on 16 November 2016) situated in Wellness Way and Sportstar Drive and;

“Northern Sports fields” located on Eden Station Drive which is the subject of this briefing note (see attached locality map including names and suburb boundaries).

The “Northern Sports fields” will comprise the AFL facility (named ‘Brighton Homes’) which will be constructed in several stages. Stage 1A is intended to comprise the Park facility, Stage 1B will comprise Training facilities, Brisbane Lions Administration and Community facilities and Stage 1C will comprise Grandstand and Communications. The scale and nature of this facility warrant an appropriate response to the naming of the facility and surrounding precinct.

It is recommended that there are series of considerations in deciding this matter, including:

1. The name should be clear, meaningful and pronounceable;

2. The name should be reflective of the scale and importance of the facility;

3. The name should not conflict with other similar names to permit the facility to be easily identifiable and describable

4. The name should consider the context of the location and other surrounding sporting facilities

In respect to potential conflict, an analysis of potential naming conflicts has been undertaken as follows:

Name	Suburb
Lions Community Park	Redbank Plains
Lions Park	Springfield Lakes
Springfield Central Sports Complex	Springfield Central
James Josey Avenue	Springfield Lakes
Josey Street	Redbank Plains
Mountain Creek	Springfield Central
Springfield Central Boulevard	Springfield Lakes, Springfield Central
Springfield Central Parklands	Springfield Central
Springfield Central Sport and Community Hall	Springfield Central

Precinct Name of separate naming for 22A and 22B

Given the number of facilities in the vicinity of the subject site, it is recommended that separately naming facilities will create unnecessary confusion. It is therefore recommended that a single facility name be identified for the consolidated areas of 22A and 22B.

The following is a list of names for discussion purposes. Further names may also be considered appropriate.

Suggested Names

· Springfield

· Springfield Central

Suffix

· Grounds

· Park

· Sports Precinct

· Stadium

Legal/Policy Basis

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

Local Government Act 2009

Planning Act 2016

RISK MANAGEMENT IMPLICATIONS

There are risks to be considered in not naming or not appropriately naming these assets, which may lead to confusion and inability to appropriately describe the facility.

HUMAN RIGHTS IMPLICATIONS

Section 58(1) of the Human Rights Act 2019 makes it unlawful for council to act or make a decision

(a) in a way that is not compatible with human rights; or

(b) in making a decision, to fail to give proper consideration to a human right relevant to the decision.

Recommendation A states that the Council resolve to select a name or name(s) for the area described as the Northern Sports Fields / Development Application 22A and 22B. This has been subject to a human rights analysis to ensure:

(a) the decision to name the facility in accordance with the recommendationis compatible with human rights; and

(b) to give proper consideration to human rights relevant to that decision.

The human rights analysis is detailed in Attachment 6. The outcome of the human rights analysis is that recommendation A is compatible with human rights.

Financial/RESOURCE IMPLICATIONS

There are no financial or resource implications to be considered in respect to this recommendation.

COMMUNITY and OTHER CONSULTATION

Council direction needs to be provided as to whether it wishes to make a determination on the name. Alternatively, Council may wish to seek community feedback in respect to the proposed name.

Conclusion

Naming of this facility is critical to appropriately identifying it for its intended use as described in the balance of the report.

Attachments and Confidential Background Papers

1.	Location Plan - Northern Sports fields ⇩
2.	Location Plan - Southern Sports fields and Northern Sports fields ⇩
3.	Concept Plans - Northern Sports fields ⇩
4.	Approved Site Plan - Northern Sports fields ⇩
5.	Location and Nearby Suburbs ⇩
6.	Human Rights Checklist ⇩

Brett Davey

Waste and Circular Economy Transformation Manager

I concur with the recommendations contained in this report.

Peter Tabulo

General Manager, Planning and Regulatory Services

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

Council

Meeting Agenda

24 June

2021

Doc ID No: A6926956

ITEM: 15.3

SUBJECT: Resource Recovery Strategy

AUTHOR: Strategy and Business Planning Coordinator

DATE: 18 March 2021

Executive Summary

Following on from the Councillor Briefing and Workshop Sessions held on 30 March 2021 and 1 June 2021, this is a report seeking Council approval to adopt the revised Draft Resource Recovery Strategy and endorse the associated Implementation Plan as Council’s waste reduction and recycling plan in accordance with the requirements of the Waste Reduction and Recycling Act 2011 (Qld).

This Resource Recovery Strategy and Implementation Plan (the Strategy) sets out the City’s waste management and resource recovery strategy for the next 10-year period.

Recommendations

A. That the 2021 – 2031 City of Ipswich Resource Recovery Strategy as detailed in Attachment 1 of this report by the Strategy and Business Planning Coordinator dated 18 March 2021, be adopted.

B. That the 2021 – 2031 Resource Recovery Implementation Plan as detailed in Attachment 2 of this report by the Strategy and Business Planning Coordinator dated 18 March 2021, be endorsed.

C. That Council endorse a 12-month trial of a Food Organic Garden Organic (FOGO) collection service for approximately 1000 properties which is anticipated to commence in August 2021. This FOGO trial will be conducted at no additional charge to the residents within the trial area and is in preparation for the introduction of the City-wide FOGO service planned for 2023-2024.

D. Recommendations A to C are compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

RELATED PARTIES

No commercial external parties were involved in the development of the Strategy or Implementation Plan.

There is no declaration of conflicts of interest regarding this report.

Advance Ipswich Theme

Caring for the environment

Purpose of Report/Background

All local governments in Queensland have a legal requirement to develop a waste reduction and recycling plan under the Waste Reduction and Recycling Act 2011 (Qld). Ipswich City Council’s plan is called the Resource Recovery Strategy.

A lot has changed since Ipswich first adopted its waste reduction and recycling plan in 2017 (previously call the Materials Recovery Plan). This includes international and national bans on exporting waste and recyclable materials, introduction of new schemes such as Containers for Change, the Queensland Government's Waste Levy, and adoption by the State and Federal Governments of ambitious waste recycling and reduction targets.

In accordance with section 125 of the Waste Reduction and Recycling Act 2011 (Qld), if a new strategy/plan will substantially affect or change the operation of the existing plan, Council has an obligation to make available for public comment the draft plan for 28 days.

Following on from the now concluded public consultation process and the Councillor Briefing and Workshop Sessions previously mentioned, this report is to provide Council with an overview of the amendments proposed to the Draft Resource Recovery Strategy and Implementation Plan (previously presented) in order to present a final strategy for adoption.

As previously highlighted the Strategy sets out the City’s resource recovery and waste management goals and vision for the next 10 years and details a 4-pillar strategy on how Council will deliver on these objectives. The foundational four pillars of this strategy include:

1. Expand the core collection service to include a Food Organic Garden Organics bin for all eligible Ipswich residents.

2. Optimise the City’s co-mingled recycling service including re-introduction of glass as acceptable material within the yellow lid recycling bin.

3. Provide a flexible ‘on demand’ large item kerbside collection service where valuable resources are recovered.

4. Have fit-for-purpose waste and resource recovery infrastructure that meets the needs of a growing

Overall, the feedback from the Ipswich community was very positive with 75% of contributions either Strongly Agreeing or Agreeing that the Strategy was right for Ipswich. A further 10% neither agreed nor disagreed with the strategy and 2% were deemed invalid responses. Of those that disagreed with the strategy, the majority were wanting to see a more assertive / escalated approach to resource recovery including such comments as:

· “70% by 2050 is too low of a target. Bring that forward 20 years” and

· “Need to start glass recycling now.” and

· “Recycling should happen every week”.

Unfortunately, due to commercial and logistical constraints delivery of an even more escalated resource recovery program is not feasible at this time.

Whilst the feedback from the Ipswich community has been overwhelmingly supportive of the draft strategy, it has been identified that two notable amendments are necessary for delivery of the final Strategy.

Firstly, it has become apparent that from an industry and regulatory perspective, a City-wide rollout of a core Food Organic Garden Organic service within the timeframe detailed in the draft Strategy was not the most appropriate. On the 18 May (following closure of the public consultation process), Ipswich Waste Services was invited to participate in a workshop with the Department of Environment and Science where a draft of the State’s pending Organic Waste Action Plan was presented. Through this presentation it is clear that a policy vacuum currently exists in relation to FOGO material processing and subsequent end-markets, with the State intending to conduct significant policy works in this regard. Proposed State Government policy action items include:

• “Review the Environmentally Relevant Activity framework and End of Waste Code framework to ensure the frameworks address emerging technology for processing organic waste and ensure adequate risk management and high-quality end products.

• Review regulatory framework for agricultural and agri-processing anaerobic digestion facilities to facilitate growth in bioenergy opportunities.

• Implement a best practice environmental management guideline for composting.

• Implement updated model operating conditions for composting to ensure transparency and consistency for industry.”

With this policy ambiguity apparent and current industry uncertainty, it has been determined that a more pragmatic timeframe for the roll-out of a City-wide core Food Organic Garden Organic service would be 2023-2024. Whilst this revised timeframe represents a delay of 12 months for delivery of the FOGO program this timing amendment would not impact Council’s ability to achieve its waste diversion and resource recovery targets set for 2025.

Secondly, through the Councillor briefing sessions it has been identified that there is a community desire to continue the current Large item kerbside collection process in its current form for one final year, in order to satisfy community expectations. In line with this, it is proposed that the introduction of a flexible ‘on demand’ service be delayed until 2022 however in an endeavour to achieve the strategic outcomes of the new Resource Recovery Strategy, it is proposed that this material will be transported to a Resource Recovery facility where valuable materials can be recovered.

No other amendments other than minor grammatic and statistical corrections have been included in the final Resource Recovery Strategy and Implementation Plan.

Legal/Policy Basis

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

Environmental Protection Act 1994, Waste Reduction and Recycling Act 2011 and Local Government Act 2012

RISK MANAGEMENT IMPLICATIONS

This finalised Resource Recovery Strategy and associated Implementation Plan will assist Council to achieve six key objectives and thereby mitigate critical risks identified for Ipswich in relation to Waste management and Resource Recovery. These include:

1. Meeting legislative requirements – satisfying Qld State Government’s waste management targets

2. Demands of population growth – provide appropriate waste management and resource recovery services for a growing, vibrant City

3. Responsible financial management – mitigate as far as practicable the financial impacts from removal of the Waste Levy Rebate by the Qld State Government

4. Improving Council services and infrastructure – satisfy community expectations regarding waste management and resource recovery services

5. Caring for the environment – achieve objectives of Council’s iFuture Corporate Plan Theme 3 - Natural and Sustainable

6. Regional policy alignment – Strategy developed in coordination and consultation with Counsel of Mayor South East Queensland (COMSEQ) waste management plan and therefore a consistent policy approach adopted

Development of this Resource Recovery Strategy and Implementation Plan has been guided by best practice planning and strategy and informed through listening to the voice of the Ipswich community. Failure to implement this Strategy could result in a suboptimal outcome for the City being delivered.

Financial/RESOURCE IMPLICATIONS

Capital funding allocations for the 2021-2022 financial year have already been provisioned within the proposed budget plan. Future years capital funding allocations will be sought through the annual budgeting process in-line with the defined recommendations of this strategy.

Operational funding allocations for the 2021-2022 financial year have already been provisioned within the proposed budget plan including funding of the current format biannual large item kerbside collection service. Future years operational funding allocations will be sought through the annual budgeting process in-line with the defined recommendations of this strategy.

COMMUNITY and OTHER CONSULTATION

The consultation and communication process that the City has undertaken in this review of the Resource Recovery Strategy (previously call the Materials Recovery Plan) goes well beyond the required benchmark, with two comprehensive phases of community input having been sort:

Phase 1: Reducing Our Waste survey (November 2020) in which Council sought community ideas and feedback on local initiatives that Ipswich could develop to meet local targets for waste reduction, recycling, and diversion of waste from landfill.

This initial Reducing Our Waste survey was available through Shapeyouripswich.com.au. There were more than 6,200 visitors to the webpage, with more than 350 survey responses. The results of this survey were compiled into the Community Engagement Report for noting (refer Attachment 3).

Phase 2: Draft Resource Recovery Strategy feedback (April-May 2021) where council released a draft of the Resource Recovery strategy and Implementation Plan for community comment for 28 days prior to finalising the strategy for adoption by council.

The Draft Resource Recovery Strategy and Implementation Plan included a short survey and was available through Shapeyouripswich.com.au. There were more than 1,600 visitors to the webpage resulting in 98 submissions by the community. The results of the community feedback have been compiled into the Draft Resource Strategy Engagement Report for noting (refer Attachment 4).

Conclusion

Development of this Resource Recovery Strategy and Implementation Plan has been guided by best practice planning and strategy and has been informed through extensive consultation and listening to the voice of the Ipswich community. It is primarily founded upon four fundamental pillars which balance the requisites of both community need / expectation and the natural environment against regulatory compliance and fiscal responsibility and sets out a responsible waste management and resource recovery plan for the City of Ipswich for the next 10-year period.

Attachments and Confidential Background Papers

1.	2021 - 2031 City of Ipswich Resource Recovery Strategy (under separate cover)
2.	2021 - 2031 Resource Recovery Implementation Plan (under separate cover)
3.	Reducing our Waste Community Engagement Report (under separate cover)
4.	Draft Resource Recovery Strategy Engagement Report (under separate cover)

Damien Guard

Strategy and Business Planning Coordinator

I concur with the recommendations contained in this report.

Kaye Cavanagh

Manager, Environment and Sustainability

I concur with the recommendations contained in this report.

Sean Madigan

Acting General Manager - Infrastructure and Environment

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

Council

Meeting Agenda

24 June

2021

Doc ID No: A7330017

ITEM: 15.5

SUBJECT: Planning and Environment Court Landfill/Waste Appeals 3473/19, 4101/19 and 912/20 - Legal Expenditure

AUTHOR: Goods and Services Category Manager

DATE: 10 June 2021

Executive Summary

This is a report concerning legal, counsel and expert fees incurred and anticipated as a consequence of Council’s participation in three Planning and Environment Court appeals concerning landfills in its local government area. The report makes recommendations intended to facilitate the ongoing engagement of Council’s legal and expert team until
conclusion of the appeals.

RECOMMENDATION

A. That Council note and accept the revised fee estimates from McInnes Wilson Pty Ltd for the three Planning and Environment Court appeals 3473/19, 4101/19 and 912/20 (the Appeals) totalling six million, four hundred and sixty nine thousand, seven hundred and seventy three dollars ($6,469,773) with a contingency of 20% up to one million, two hundred and ninety three thousand, nine hundred and fifty five dollars ($1,293,955).

B. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012 in order to implement its decision; including the approval of payment of the revised fee estimate amounts and contingency.

C. That Council be informed as to the final costs of the appeals at their conclusion.

Recommendations A to C compatible with human rights and relevant human rights have been given proper consideration in accordance with section 58(1) of the Human Rights Act 2019 (Qld).

RELATED PARTIES

McInnes Wilson Lawyers Pty Ltd

Advance Ipswich Theme

Caring for the community

Caring for the environment

Listening, leading and financial management

Purpose of Report/Background

The Appeals – Council’s Role and Resourcing

Council is a respondent in three Planning and Environment Court appeals initiated by landfill/waste operators in Ipswich:

· Appeal 3473 of 2019 initiated by Lantrak Property Holdings (Qld) Pty Ltd (Lantrak) in September 2019,

· Appeal 4101 of 2019 initiated by Cleanaway Solid Waste Pty Ltd (Cleanaway) in November 2019, and

· Appeal 912 of 2020 initiated by Austin BMI Pty Ltd (Austin BMI) in March 2020.

Council engaged McInnes Wilson Lawyers Pty Ltd (McInnes Wilson), via the “LGA Arrangement” procurement exception “BUS261-1116 Legal Services Register of Pre-Qualified Suppliers by Local Buy Pty Ltd (as trustee), to act on its behalf in the appeals.

McInnes Wilson successfully advocated for Council in the 473 of 2018 and 939 of 2019 waste related appeals initiated by Bio-Recycle Australia Pty Ltd and HPC Urban Design & Planning Pty Ltd. Council officers were very complimentary of their dealings with McInnes Wilson in those matters. Given this, the experience it gained in those matters and its familiarity with Council planning instruments, Council officers and Council processes generally, McInnes Wilson were the preferred law firm to act for Council in the Lantrak, Cleanaway and Austin BMI appeals.

The appeals have been long running, complex proceedings. The appellants in each appeal have retained:

· Lantrak: one law firm, two counsel, 17 experts and one employee giving operational evidence,

· Cleanaway: one law firm, two counsel, 24 experts and two employees giving operational evidence, and

· Austin BMI: one law firm, two counsel, 21 experts and one employee giving operational evidence.

The Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) also have a law firm and two counsel.

Submitters (community members who objected to the approval of the Development Applications) who elected to become co-respondents in each appeal have also nominated expert witnesses. Council in its duty as a model litigant has, at its cost, provided ongoing support to those unrepresented co-respondents to assist them to navigate the court processes and to understand the positions and evidence of the parties.

To effectively participate, and respond to the issues in dispute, in each appeal Council has retained lawyers (McInnes Wilson), a senior and two junior counsel, and 10-11 expert witnesses in the following disciplines: town planning, water quality and environmental management, waste industry management, economic need, visual amenity, acoustic, odour and lighting, traffic, geotechnical and landfills, visual diagrams, overland flow, and surveying.

The same team of lawyers, counsel and experts have been acting across all three appeals to ensure consistency and continuity of knowledge and strategy and to leverage any efficiencies this affords

Conduct of the Appeals and Consequences for Fee Estimates

The appeals’ complexity and length, the sheer number of parties involved (who in addition to the above include the Department of Environment and Science), the extent of the parties disagreement on issues in dispute, and Council’s support to unrepresented co-respondents has meant that accurate forecasting of fees has been a very difficult task. The Court itself has acknowledged that the three appeals, together, represent one of the largest matters ever heard by the Court. It is impossible to accurately predict fees for matters whose complexity continue to unfold, and as in these cases, progress over several years.

Council has had to be responsive to evolutions in the appeals and the unanticipated work that has arisen as a result. The Confidential Memorandum at Attachment 3 outlines some examples of matters arising that are not standard for appeals and which were not anticipated by previous fee estimates.

Fee Estimates – Administration and Increases

Council’s Legal Services section (Legal Services) manages all of Council’s legal matters and where it deems necessary to brief an external legal firm, the briefing, procurement and engagement of those external legal firms on behalf of its client.

At the commencement of externally briefed matters, Legal Services obtains fee estimates from external legal firms for its appraisal, and then approval by an appropriate delegate of its client, or where necessary, the Chief Executive Officer (CEO) or Council. Legal Services obtains revised fee estimates where appropriate as matters evolve to ensure ongoing accountability and transparency around fees. Due to the nature of Planning and Environment Court matters, it is not unusual for fee estimates to be revised more than once.

An abridged version of the revised fee estimates from McInnes Wilson for each appeal is summarised in Table 1 below. The revised fee estimates are the only fee estimates, across all historical court proceedings to which Council has been a party, that have exceeded the financial authority of the CEO. This exceedance is the basis upon which Council’s approval of the most recently revised fee estimates is sought.

Table 1 – Summarised Fee Estimates

	Lantrak	Cleanaway	Austin BMI	Common File	*Total*
Revised fee estimate 10 June 2021	2,394,122.59	2,167,388.35	1,861,595.43	46,666.00	6,469,772.37

Paid invoices as at 10 June 2021	1,502,083.43	1,284,153.84	964,262.24	42,043.06	3,792,542.57
Balance of revised fee estimate 10 June 2021	892,039.16	883,234.51	897,333.19	4,622.94	2,677,229.80

The Confidential Memorandum at Attachment 3 sets out some commercial in confidence details of the terms of Council’s engagement of McInnes Wilson which contextualise the revised fee estimates and demonstrate that all parties acting for Council have consistently strived to strike the balance between leanly conducted appeals that represent value for money and model litigant behaviour, against the requirement to be responsive to appellant conduct and emerging issues, whilst asserting best efforts to secure favourable outcomes for Council and the community.

The purpose of seeking revised fee estimates is to forecast anticipated works and expenditure. In the case of these appeals, whilst the most recently revised fee estimates provided for the payment of some outstanding invoices (for work arising as a consequence of matters outlined above), they also attempt to forecast expenditure which will be incurred as a consequence of the hearings.

As highlighted earlier in this report, the accurate forecasting of fees in these appeals is realistically an impossible task. Accordingly whilst the revised estimates of 10 June 2021 estimate further costs in the amount of $2.7 million (on top of the $3.8 million paid to date), Legal Services and the Procurement branch consider that it is more likely that Council will incur further costs in the order of approximately $4 million.

This likelihood is the motivation for this reports’ recommendation that the CEO be delegated the power to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012, as this will facilitate the timely administration and payment of all costs incurred in the appeals going forward.

The delegation of this power to the CEO would be consistent with the Recommendations contained in the report at Attachment 1, dated 22 July 2019 and resolved by Council 20 August 2019, which delegated to the CEO (who at the date of the report possessed an uncapped financial authority) the authority to negotiate and finalise the terms of appointment of external legal service providers under the Whole of Government and Local Buy arrangements, and to do any other acts necessary to implement Council’s decision. It is relevant to note that the report specifically acknowledged, in the context of Development Applications for waste related matters, that there was “a significant risk to council that these matters will result in significantly increased legal expenses for Council”.

Legal/Policy Basis

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

Local Government Act 2009

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The commercial incentives for the appellants to obtain Judgments in their favour are significant and further detailed in the Confidential Memorandum at Attachment 3. Council bears thrice the cost of defending its positions with no commercial incentive to inflate the resources required for any of the three appeals. Council is incentivised by its strategic goals and by community expectations but still needs to balance that against the community’s expectation of fiscal responsibility.

Further, there is the chance that any or all of the appeals will be approved by the Court. If this does occur, further works and hence costs to Council will be incurred. Inversely if the appeals are not approved by the Court, the appellants can apply for leave to appeal the Judgment and this will incur costs to Council in its own right beyond the scope of this report.

Council needs to be responsive to emerging issues in the hearings to get the best outcomes that it can. At this time it is critical that the parties acting for Council have the flexibility to engage in unanticipated work, without the risk of delayed (or denied) payment as a result of a requirement to seek Council’s resolution each time work incurred exceeds the latest revised fee estimate (hence the Recommendation to delegate to the CEO). If parties acting for Council cannot reasonably expect to be, or are not, paid in a timely manner, they cannot reasonably be expected to continue working for Council’s benefit.

HUMAN RIGHTS IMPLICATIONS

Section 58(1) of the Human Rights Act 2019 makes it unlawful for Council:

a) to act or make a decision in a way that is not compatible with human rights; or

b) in making a decision, to fail to give proper consideration to a human right relevant to the decision.

Recommendation A is that Council notes and accepts the revised estimates for the appeals, and Recommendation B is that Council, pursuant to Section 257(1)(b) of the Local Government Act 2009, act by resolving to delegate to the CEO the power to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012 in order to implement its decision. The decision under Recommendation A and the act the subject of Recommendation B have been subject to a human rights analysis:

a) to ensure they are compatible with human rights; and

b) to give proper consideration to human rights relevant to them.

The human rights analysis is detailed in Attachment 2. The outcome of the human rights analysis is that the decision to accept the revised fee estimates, and the act of resolving to delegate to the CEO the power to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012, are compatible with human rights.

Financial/RESOURCE IMPLICATIONS

Further funding in the amount of $4 million, the majority of which will be paid over the next four months, is to be made available. The timing on when these costs are incurred will impact on Council’s financial results for the 2020-2021 and 2021-2022 financial years. Budget amendments are likely to be required during the 2021-2022 year as the actual expenditures and timing become known.

COMMUNITY and OTHER CONSULTATION

There was no community consultation in the preparation of this report.

Legal Services and Procurement branch have liaised with Council’s Finance branch in respect of the current and future funding required for the three appeals.

Conclusion

Subject to Council’s resolution of the Recommendations contained in this report, Procurement branch, Legal Services and Finance branch will work closely together to ensure expenditure for these appeals is appropriately accounted for, monitored and regularly reported to the CEO.

Attachments and Confidential Background Papers

1.	Legal Services Procurement Committee Report dated 22 July 2019 ⇩
2.	Human Rights Impact Assessment ⇩

	CONFIDENTIAL
3.	Confidential Memorandum Concerning Landfill Appeals

Juliana Jarvis

Goods and Services Category Manager

I concur with the recommendations contained in this report.

Romana Therese

Executive Assistant and Paralegal

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Deputy General Counsel

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Jeffrey Keech

Acting General Manager Corporate Services

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

Council

Meeting Agenda

24 June

2021

Doc ID No: A7339663

ITEM: 15.6

SUBJECT: Monthly Financial Performance Report - May 2021

AUTHOR: Acting Chief Financial Officer

DATE: 8 June 2021

Executive Summary

This is a report concerning Council’s financial performance for the period ending 31 May 2021, submitted in accordance with section 204 of the Local Government Regulation 2012.

Recommendation/s

That the report on Council’s financial performance for the period ending 31 May 2021, submitted in accordance with section 204 of the Local Government Regulation 2012, be considered and noted by Council.

RELATED PARTIES

Not applicable.

Advance Ipswich Theme

Strengthening our local economy and building prosperity

Purpose of Report/Background

The attached report outlines the financial results for Ipswich City Council as at 31 May 2021.

The total Net Result (including capital revenue for Ipswich City Council as at 31 May 2021 is $50.9 million compared to the year to date (YTD) budget of $61.3 million.

Council’s operating deficit (excluding capital revenue) is approximately $10.9 million compared to the YTD budget deficit of $15.3 million.

Overall, capital expenditure (excluding donated assets) including the Nicholas St Redevelopment as at 31 May 2021 is $31 million below the YTD amended budget. The Nicholas St Redevelopment is $21.8 million under budget relating to relating to a superseded construction program for the retail buildings, including a delay of the Metro B works due to a delay in the move out date for QLD Health. Asset donations as at 31 May 2021 are $15.9 million under the YTD budget.

Revenue

Rates and utilities charges are slightly over budget YTD.

Fees and charges revenue are $1.6 million favourable to budget YTD as fees from planning and development and waste disposal continue to exceed forecasted activity levels.

Government grant revenue is approximately $0.1 million under the YTD budget. This is expected to be over budget by year end due to excess Waste Levy Rebate.

Other revenue continues to track above budget relating to the Urban Utilities (UU) tax revenue and is subject to UU’s revenue and tax position throughout the year.

Donated asset and cash contributions revenue is approximately $15.8 million under budget YTD relating to lower than expected donated revenue in Infrastructure and Environment Department (IED). In addition, the correction of a prior period error of $4.1 million relating to donated asset revenue has been recognised as negative donated revenue in May 2021 but will transferred into the prior financial year in June.

Expenses

Employee expenses including contingent labour contracts is over budget $0.2 million or 0.18% YTD as at 31 May 2021 relating to a small number of redundancies. Employee expenses will continue to be above budget in June, due to additional redundancy payments being incurred. The Finance Branch will continue to monitor expenditure, including leave entitlements expenditure, through weekly labour snapshot reports.

Materials and Services were over budget in the month by approximately $1.8 million of which legal expenses were $1.1 million over budget. Overall Materials and services (excluding contingent workers) are under budget $1.4 million YTD. $1.1 million relates to IED primarily in the Environmental and Sustainability Branch as a result of timing difference in local environment improvements, fuel reduction and disaster and emergency activities not undertaken and the Waste Infrastructure Project. $0.8 million of the underspend relates to Corporate Services (CS), primarily in the ICT Branch due to efficiencies made through contract renegotiations which will offset cost related to implementing the business case for change. $0.4 million relates to lower expenditure in the Community, Cultural and Economic Development (CCED) primarily in the Libraries and Customer Services Branch due to reduced public programming related to COVID-19 restrictions and delays in purchasing of books due to supplier delivery issues during COVID‑19 lockdowns. $0.3 million in Resource Recovery primarily relates to minor underspends. $0.1 million in Coordination and Performance (CP) relates to minor underspends across the department. This is partially offset by $1.4 million over budget in Planning and Regulatory Services (PRS) primarily relating to legal expenses.

Other expenses are under budget YTD resulting from lower than budget asset write-offs in IED, lower expenditure in CCED due to fewer grant requests, and the release of the provision for bad and doubtful debts accrued as at June 2020 in CS. These are partially offset by greater than budgeted expenditure in Resource Recovery relating to waste levy fees.

Depreciation is approximately $0.8 million over budget YTD primarily in IED relating to buildings and structure and plant and equipment accounts, which is in line with expectations. Depreciation for the month of May was reduced by an extension of the useful life and updated salvage values for Fleet. Depreciation is a non-cash expense which has an impact on the operating result.

Capital Expenditure

The YTD capital expenditure (including the Nicholas Street redevelopment) is $143.1 million compared to an amended capital budget of $174.1 million.

The variances in the Nicholas Street capital expenditure relate to the changes in the delivery of the retail building upgrades. The Nicholas Street project team are currently reviewing the final costs of the project and the timing as a result of the changes in relation to the retail buildings and strategy.

The IED expenditure in the month has significantly increased on previous months as construction phase of the works begin. Expenditure was $10.4 million compared to the most recent departmental forecast of $11.9 million. Total YTD expenditure is $53.8 million.

The revised forecast IED capital expenditure in total for the 2020-2021 year is estimated at $71 million against an amended budget of $72.1 million.

Cash Balances

Council’s cash and investment holdings continue to be above forecast primarily due to the existing underspends in the capital program.

Legal/Policy Basis

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

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

Regular reporting, including annual leave taken against budget, is provided to the Executive Leadership Team as part of continued monitoring of FTEs, vacancies and forecast employee expenses for the year.

Council’s Information Communications and Telecommunications (ICT) branch, through an approved business case in line with the ICT Strategy (2019-2024), are currently implementing a transformation project. The project will enable the branch to become an integrated, contemporary, customer-centric enabler of Council services. This project and the ICT strategic direction will deliver significant on-going operational savings. As part of the approved organisational change outcomes, 17 employees have recently elected to forego deployment opportunities and have requested genuine redundancy. The ICT Branch has YTD savings in material and services as highlighted above, which will be used to offset the majority of the redundancy’s costs, which will be incurred as employee expenses predominantly in June.

Materials and Services expenditure to date is currently below budget, as has been the trend over the year to date. June traditionally has increased expenditure and delays in receipting from previous months may impact on the final costs at year end.

Also as noted in the report above, legal expenses in relation the landfill/waste planning appeals were $1million over budget in the month. As set out in the separate report on the agenda, legal costs in relation to these appeals have forecast to increase substantially and the costs incurred through June will impact on the final result for the financial year.

As noted last month, the monthly IED capital expenditure has been significantly higher in recent month ($10.9 million in May). Significant forecast expenditure is still to be incurred and projects delivered throughout June and the timing of the delivery of fleet vehicles ordered, which is dependent on the availability from manufacturers, is continuing to be monitored. The IED Department have forecast that its capital expenditure will be approximately $3million under the revised forecast.

Whilst forecast to be spent in the attached report, there is also likely to be underspend in other capital budgets for example ICT and CCED in relation the key system and access control upgrades.

HUMAN RIGHTS IMPLICATIONS

Section 58(1) of the Human Rights Act 2019 makes it unlawful for council to act or make a decision

(a) in a way that is not compatible with human rights; or

(b) in making a decision, to fail to give proper consideration to a human right relevant to the decision.

Recommendation A states that the report be received and the contents noted. The decision to receive and note the report has been subject to a human rights analysis to ensure:

(a) the decision to receive and note the report is compatible with human rights; and

(b) to give proper consideration to human rights relevant to that decision.

The outcome of the human rights analysis is that the decision to receive and note the report is compatible with human rights.

Financial/RESOURCE IMPLICATIONS

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

COMMUNITY and OTHER CONSULTATIONThe contents of this report did not require any community consultation. Analysis and explanations of the variances are undertaken in conjunction with the various departments.

Conclusion

The monthly performance report for May 2021 is included at Attachment 1.

Attachments and Confidential Background Papers

1.	Monthly Performance Report - May 2021 ⇩

Paul Mollenhauer

Acting Chief Financial Officer

I concur with the recommendations contained in this report.

Jeffrey Keech

Acting General Manager Corporate Services

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

1.	Response to draft Environmental Impact Statement for Helidon to Calvert Inland Rail project ⇩
2.	Human Rights Impact Assessment - Response to draft H2C EIS ⇩

Executive Summary

RECOMMENDATION/S

BACKGROUND

HUMAN RIGHTS IMPLICATIONS

Attachments and Confidential Background Papers

Executive Summary

Recommendations

RELATED PARTIES

Advance Ipswich Theme

Purpose of Report/Background

Legal/Policy Basis

RISK MANAGEMENT IMPLICATIONS

Financial/RESOURCE IMPLICATIONS

COMMUNITY and OTHER CONSULTATION

Conclusion

Attachments and Confidential Background Papers

INTRODUCTION

HUMAN RIGHTS IMPLICATIONS

RECOMMENDATION

Attachments and Confidential Background Papers