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Communities Committee — 2020-02-18
1. Governance arrangements - foundation of the Ipswich Art Gallery
Doc ID No: A5992025
ITEM: 1
SUBJECT: Governance arrangements - foundation of the Ipswich Art Gallery
AUTHOR: Director, Ipswich Art Gallery
DATE: 15 January 2020
Executive Summary
This is a report concerning the action to increase efficiency and reduce administrative requirements of the foundation of the Ipswich Art Gallery by changing the governance arrangement.
It recommends the winding up of the Ipswich Art Foundation entity to in effect merge the Ipswich Arts Foundation, which is an unincorporated association of council, and the Trust to reduce the costs and duplication of resources associated with operating two entities.
Recommendation/s
That the Interim Administrator of Ipswich City Council resolves:
A. That past and current Ipswich Art Foundation members and board members be acknowledged for their support for and work with the Foundation.
B. That the Board of the Ipswich Arts Foundation be appointed to conduct the winding up of the Ipswich Arts Foundation in accordance with the steps outlined in the report of the Ipswich Art Gallery Director dated 15 January 2020.
C. That it be acknowledged that the Ipswich Arts Foundation Constitution specifies how, in the event of the Foundation winding up, surplus funds are to be utilised:
Upon winding up of the Foundation, should there remain after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Foundation but shall be given and transferred to the Council for use in any manner the Council may think fit for the benefit of the Ipswich Art Gallery. In considering such use or uses the council may in its sole discretion pay such regard as they consider appropriate to the purposes if known for which the remaining funds were raised or donated.
D. That it be acknowledged that the funds of the Ipswich Arts Foundation were raised and donated to purchase art work and items of cultural significance for the Ipswich Art Gallery Collection.
E. That the surplus funds be used for the purpose for which the funds were raised and donated.
F. That the surplus funds received from the Ipswich Arts Foundation be provided to the Ipswich Arts Foundation Trust for the purchase of art work and items of cultural significance for the Ipswich Art Gallery Collection.
RELATED PARTIES
This reports relates to the following entities:
· Ipswich Arts Foundation
· Ipswich Arts Foundation Trust
· IA Foundation Limited
It is declared that the author of this report is both Ipswich Art Gallery Director and a Board member of the Ipswich Arts Foundation, however there is no conflict of duty or interest in these dual roles.
To provide an explanation – the author of this report (Ipswich Art Gallery Director) is serving as a board member due to his role as the Ipswich Art Gallery Director which is a Council appointed position. The actions in this report are being executed as a result of a decision of Council. There are presently no debts in the company and therefore there is no risk of breaching fiduciary responsibility of the company by the director winding it up.
Advance Ipswich Theme
Strengthening our local economy and building prosperity
Purpose of Report/Background
This report follows on from the following previous reports regarding this matter:
· Report by the Ipswich Art Gallery Director dated 7 December 2017 for the Arts and Community Development Committee meeting of 22 January 2018
· Report by the Ipswich Art Gallery Directed dated 15 September 2017 for the Arts and Community Development Committee meeting of 9 October 2017.
Council has previously resolved to change the trustee of the Ipswich Arts Foundation Trust (“the Trust”) to I.A Foundation Limited, and to, in effect, merge the Ipswich Arts Foundation (“the Foundation”, which is a unincorporated association of council) and the Trust to reduce the costs associated with operating two entities. In order to facilitate this, the Foundation Board has resolved “to wind up the Ipswich Arts Foundation, and to conduct the winding up in the manner directed by Council.”
The Constitution of the Foundation requires that, should the Board resolve to wind up the Foundation, “all appropriate steps shall be taken to carry this into effect in the manner directed by the Council”. The primary purpose of this report is to seek resolution from council on the steps required to wind up the Foundation. As background to the steps, information regarding the disposal of surplus funds and property is also included in this report. Further steps in the governance project are also included in this report.
Steps for winding up of the Ipswich Arts Foundation
The steps that are required to be undertaken by the Board to wind up the Foundation are set out below.
1. A deed of termination between the Ipswich Arts Foundation and the trustees of the Ipswich Arts Foundation Trust is executed to effect a termination of the Ipswich Arts Foundation Management Deed dated 31 October 2009.
2. A final set of financial statements for the Foundation will be prepared which identify all of the Foundation’s assets and unsatisfied liabilities.
3. Based on the financial statements the Board will decide a ‘unsatisfied liabilities and receivables strategy” for:
a. satisfying the Foundation’s unsatisfied liabilities (if any); and
b. collecting or writing off any of the assets that are receivables (if any).
4. The unsatisfied liabilities and receivables strategy will be carried out. (It should be noted that, at the time of writing this report, there are no receivables and no unsatisfied liabilities, and it is not anticipated that there will be receivables or unsatisfied liabilities, but these steps are included out of an abundance of caution.)
5. The surplus funds (and any other property) are to be given and transferred to Council.
Disposal of surplus funds and property
The constitution of the Foundation specifies how the property (including funds) of the Foundation is to be distributed:
Upon winding up of the Foundation, should there remain after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the member of the Foundation but shall be given and transferred to the Council for use in any manner the Council may think fit for the benefit of the Ipswich Art Gallery. In considering such use or uses the Council may in its sole discretion pay such regard as they consider appropriate to the purposes if known for which the remaining funds were raised or donated.
It is recommended that, as contemplated by the constitution, council considers the purpose for which the remaining funds were raised or donated in determining how to benefit the Ipswich Art Gallery. This purpose is to purchase art work and items of cultural significance for the Ipswich Art Gallery collection. It is suggested that the Ipswich Art Foundation Trust is best placed to utilise the surplus funds in a manner consistent with the purpose for which the funds were raised or donated.
Given the Foundation Constitution was drafted prior to the establishment of the Trust it does not contemplate a transfer of funds to the Trustee. Therefore the surplus funds must first be transferred to council. A recommendation is included which, if approved by council, will facilitate the transfer of funds from council to the Trust.
The Foundation does not own any property, therefore there is no property that requires disposal.
Other steps to be undertaken within the governance project
Once the steps above have been undertaken, the Foundation will cease to exist. Various other steps are required to be undertaken by council following the winding up of the Foundation, such as cancelling the GST registration of the Foundation and removal of the Ipswich Arts Foundation business name. These will be facilitated by the Ipswich Art Gallery Director.
Once the administrative requirements are in place, a deed of removal and appointment of trustee will be
Mentions: Ipswich
2. Redbank Plains Community Centre Social Impact Assessment 12 Month Report
Doc ID No: A6038748
ITEM: 2
SUBJECT: Redbank Plains Community Centre Social Impact Assessment
12 Month Report
AUTHOR: Community Research Officer
DATE: 31 January 2020
Executive Summary
This is a report concerning the Redbank Plains Community Centre Social Impact Assessment.
The Redbank Plains Community Centre (the Community Centre) opened in May 2018,
co-funded by Ipswich City Council and the Queensland State Government. The Community Centre is managed by Multicultural Australia Ltd.
Council, in partnership with Multicultural Australia Ltd, is undertaking a multi-year social impact assessment, to track the social impact of the Community Centre over time.
The social impact assessment has consisted of a baseline study conducted over June and July 2018 (see Attachment 1), a six-month study over December and January 2019 (see Attachment 2), and a twelve-month study, conducted over July and August 2019.
The twelve-month study has revealed that the Community Centre is having positive impacts upon users. By way of example, the twelve-month study has found that those community members who have visited and engaged with the Community Centre feel more welcome in the community than those who have not visited the Community Centre (70% compared to 29%). Furthermore, that those who visit the Community Centre have a significantly more positive view of cultural diversity than those who have not visited the Community Centre (83% compared to 50%).
Recommendation/s
That the Interim Administrator of Ipswich City Council resolve:
That the report be received and the contents noted.
RELATED PARTIES
Multicultural Australia whose Chief Executive Officer is Kerrin Benson and whose Board Members include Peter Forday, Giri Sivaraman, Anh Bui, Fahim Khondaker and Jade Demnar.
Advance Ipswich Theme
Caring for the community
Purpose of Report/Background
The purpose of this report is to share the results of the ongoing Social Impact Assessment being conducted at the Community Centre. The data collected in the Social Impact Assessment not only tracks the impact of the Community Centre, but provides an evidence base for the establishment of future community centres and similar Council initiatives.
Assessing the impact of a community centre goes beyond assessing the impact of individual programs that are run out of a community centre. Rather, the impact of a community centre lies in its contribution to place-based community development. This involves strengthening local capacity (economic, social, physical), developing bridging and bonding social capital (such as community consultation, celebrations, procedures for helping people in need), and contributing to the development of social norms and building social cohesion within a geographic area.
Extensive research was undertaken in order to understand the impacts of community and neighbourhood centres, which revealed key impacts and indicators against which the social impact of the Community Centre could be measured:
Impact
Indicators
Social cohesion
and social capital
- People from different demographics are engaging with centre activities
- Self-assessments of improved cross-cultural linkages
- Centre is considered culturally safe
- Community is considered safe
- Centre is accessible to all
- Collaboration between community groups is fostered
Community capacity
- Education, employment, skills, literacy improve
- Community is organising events
- The community centre is linking with community organisations and providing facilities for organisations
- Rates of volunteering and volunteering opportunities improve
Community needs:
health, nutrition
and wellbeing
- Quantification of activities
- Health services considered valuable
- Self-assessments of health and wellbeing
- Centre is considered a safe place to access health services
Community needs:
local economic
development
- Centre contributes to local economy
- Centre provides opportunities for businesses
- Increased opportunities for employment and income
Place-based
community
development
- Community centre recognised as a community hub
- Community has the capacity to self-organise
- Greater sense of safety
- Connections with Traditional Owners
- Community centre as a ‘third place’
- Centre considered a safe place to organise collectively
The above key impacts and indicators were then integrated into the design of the overall social impact assessment.
The social impact assessment has consisted of a baseline study conducted over June and July 2018 (see Attachment 1), a six-month study over December and January 2019 (see Attachment 2), and a twelve-month study, conducted over July and August 2019 (see Attachment 3).
The twelve-month study engaged 111 community members via a survey, and 5 community members in a focus group discussion, along with Community Centre volunteers and council’s Community Research Officer. Key findings from the twelve-month study include:
- The Redbank Plains community is going through a period of exceptional growth. There are persistent challenges around developing a sense of community and sense of welcome.
- However, for those people engaging with the Community Centre in particular, a sense of place is developing. ‘Diversity’ and ‘Sense of Community’ are seen as key community strengths. Those community members who have visited and engaged with the Community Centre feel more welcome in the community (70% compared to 29%) and also have a more positive view of cultural diversity (83% compared to 50%), than those who have not visited or engaged with the Community Centre.
- Data on community need suggests there are ongoing challenges around employment and economic stability for many families and individuals, food insecurity, mental health, and broader health concerns. The Community Centre is helping to facilitate access to services, such as child and maternal health care, food security and financial counselling.
Legal/Policy Basis
This report and its recommendations are consistent with the following legislative provisions:
Not Applicable.
RISK MANAGEMENT IMPLICATIONS
There are no risks associated with this report being received and noted.
Financial/RESOURCE IMPLICATIONS
There are no financial/resource implications.
COMMUNITY and OTHER CONSULTATION
The Social Impact Assessment involves ongoing community engagement. The twelve-month study included a community survey, and a focus group hosted at the Community Centre. Results will be shared via a series of posters displayed at the Community Centre, and via the publication of this report. The next round of data collection will take place in June/July 2020.
Conclusion
The Redbank Plains Community Centre Social Impact Assessment is tracking ongoing strengths and challenges in the Redbank Plains community. The data collected in the Social Impact Assessment not only tracks the impact of the Community Centre, but provides an evidence base for the establishment of future community centres and similar Council initiatives. This twelve-month study will also inform ongoing programming and community support delivered at the Community Centre.
Furthermore, while there is a wealth of literature assessing individual programs run out of community centres, there is less literature assessing the impact of community centres in a holistic way and, based on the literature review undertaken, no published assessments that have tracked community centres from inception. It is anticipated that this social impact assessment of the Community Centre will be a unique piece of research within the development sector.
Attachments and Confidential Background Papers
1.
Redbank Plains Community Centre - Baseline Study ⇩
2.
Redbank Plains Community Centre - Six-Month Study ⇩
3.
Redbank Plains Community Centre - Twelve-Month Study ⇩
Amy MacMahon
Community Research Officer
I concur with the recommendations contained in this report.
Danni Jansen
Coordinator, Community Research and Engagement
I concur with the recommendations contained in this report.
Abbey Ric
Mentions: Redbank Plains · Ipswich
3. Community Donations Report
Doc ID No: A6040003
ITEM: 3
SUBJECT: Community Donations Report
AUTHOR: Community Grants Coordinator
DATE: 3 February 2020
Executive Summary
This is a report providing detail about the year to date allocation of community donations as at 31 January 2020 (Attachment 1) and providing a summary of these community donations by recipient type (Attachment 2).
Recommendation/s
That the Interim Administrator of Ipswich City Council resolve:
That the report be received and the contents noted.
RELATED PARTIES
There are no known related party matters associated with this report.
Advance Ipswich Theme
Caring for the Community, and Listening, Leading and Financial Management.
Purpose of Report/Background
Through the provision of community donations, Ipswich City Council seeks to support the role of community organisations and recognise the significant role they play in developing and delivering initiatives that encourage participation in community life, foster social cohesion, celebrate diversity, and contribute to a vibrant, healthy and sustainable city.
The Community Donations Program allows for funds to be allocated to not-for-profit community organisations for community purposes and supports community organisations to deliver initiatives that address identified local community needs.
Management and Coordination of the Community Donations Program
The Community Development and Engagement Section manages the receipt, assessment and allocation of funding applications received through the Community Donations Program in accordance with the Community Funding and Support Policy and associated Administrative Guidelines.
Legal/Policy Basis
This report and its recommendations are consistent with the following legislative provisions:
Local Government Act 2009 and Local Government Regulations 2012.
Specifically, section 109 of the Local Government Act 2009 provides local governments with the ability to utilise discretionary funds in accordance with the requirements prescribed under the Local Government Regulation 2012 .
Section 202 of the Local Government Regulation 2012 prescribes a number of requirements for –
a) a local government for making discretionary funds available; and
b) a councillor for using discretionary funds.
Discretionary funds allocated are required to be publically reported under section 202 of the Local Government Regulation 2012 .
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications associated with this report.
Financial/RESOURCE IMPLICATIONS
Within the Community Engagement and Development Section, the Community Grants Team is responsible for the management and coordination of Council’s Community Donations Program and Community Grants and In-Kind Assistance Program. The Community Grants Team is a team of two (2) full-time staff.
Funding for the provision of community donations is contained within the Community Engagement and Development Section 2019-2020 financial year budget.
There are no additional resourcing or budget implications associated with this report.
COMMUNITY and OTHER CONSULTATION
The contents of this report did not require any community consultation.
Conclusion
Applications for funding through the Community Donations Program are assessed in accordance with the eligibility criteria and assessment process outlined in the Community Funding and Support Policy and associated Administrative Guidelines.
This report provides detail about the allocation of community donations for the 2019-2020 financial year up to 31 January 2020 (Attachment 1), and provides a summary of these community donations by recipient type (Attachment 2).
Attachments and Confidential Background Papers
1.
2019-2020 Community Donations Report - 1 July 2019 to 31 January 2020 ⇩
2.
2019-2020 Community Donations Recipient Type - 1 July 2019 to 31 January 2020 ⇩
Josie Berry
Community Grants Coordinator
I concur with the recommendations contained in this report.
Abbey Richards
Community Engagement and Development Manager
I concur with the recommendations contained in this report.
Ben Pole
General Manager - Community, Cultural and Economic Development
“Together, we proudly enhance the quality of life for our community”
Communities Committee
Meeting Agenda
18 February
2020
Item 3 / Attachment 1.
Communities Committee
Meeting Agenda
18 February
2020
Item 3 / Attachment 2.
Communities Committee
Meeting Agenda
18 February
2020
Mentions: Ipswich
4. Community Engagement Strategy and Policy
Doc ID No: A6002683
ITEM: 4
SUBJECT: Community Engagement Strategy and Policy
AUTHOR: Community Engagement and Development Manager
DATE: 13 January 2020
Executive Summary
This is a report concerning amendments to council’s Community Engagement Strategy and Policy.
Following a significant amount of work by council to strengthen its community engagement principles, operating model, systems and processes over the past 12 months, there is a need to update relevant documentation.
Amending this documentation through the Communities Committee and Ordinary Council Meeting ensures transparency and consistency.
All changes have been tracked and provided as attachments to this report, they are generally minor and textual or aesthetic in nature.
Recommendation/s
That the Interim Administrator of Ipswich City Council resolve:
A. That the strategy titled Public Participation and Engagement Strategy as detailed in Attachment 1 to the report by the Community Engagement and Development Manager dated 13 January 2020, as per Item No. 5 of the Communities Committee No. 2018(02) of 27 November 2018, adopted at the Council Ordinary Meeting on 12 December 2018, be repealed.
B. That the strategy titled Community Engagement Strategy as detailed in Attachment 3 to the report by the Community Engagement and Development Manager dated 13 January 2020, be noted.
C. That the policy titled Community Engagement Policy, as per Item No. 4 of the Governance Committee No. 2019(12) of 3 December 2019, adopted at the Council Ordinary Meeting on 10 December 2019, be amended as detailed in
Attachment 5.
RELATED PARTIES
There are no related parties associated with this report.
Advance Ipswich Theme
Listening, leading and financial management.
Purpose of Report/Background
Council’s Business Transformational Project 15 (TP15) relates to the development and implementation of a community engagement framework.
Two of the deliverables for TP15 are the development and adoption of a community engagement strategy and policy.
At the Ordinary Council Meeting on 12 December 2018, council adopted a Public Participation and Engagement Strategy (Attachment 1). As a result of subsequent actions within TP15, including the development of a community engagement operating model and the creation of a community engagement platform in Shape Your Ipswich, the content of this document has had to be updated.
Accordingly, this report seeks to repeal the previous Public Participation and Engagement Strategy (Attachment 1) and presents the new Community Engagement Strategy for note (Attachment 3). Attachment 2 is the current Public Participation and Engagement Strategy and incorporates tracked changes to highlight the amendments incorporated into the new Community Engagement Strategy (Attachment 3).
At the Ordinary Council Meeting on 10 December 2019, Council adopted a Community Engagement Policy (Attachment 4). In order to ensure alignment and consistency between the Community Engagement Strategy and Community Engagement Policy, some amendments are being proposed to the Community Engagement Policy along with an additional change in relation to roles and responsibilities. Attachment 5 is the current Community Engagement Policy and incorporates tracked changes to highlight the amendments incorporated into the new Community Engagement Policy (Attachment 6).
Legal/Policy Basis
This report and its recommendations are consistent with the following legislative provisions:
Local Government Act 2009
RISK MANAGEMENT IMPLICATIONS
There are no apparent risk management implications associated with this report as this report seeks to update both the Community Engagement Strategy and Community Engagement Policy and ensure that this documentation is current and consistent.
Financial/RESOURCE IMPLICATIONS
There are no financial or resource implications associated with this report.
COMMUNITY and OTHER CONSULTATION
The TP15 Project Team has been consulted on the adoption of the Community Engagement Strategy and reviewed the content of Attachments and has been consulted on the proposed amendments to the Community Engagement Policy, no objections were raised.
Conclusion
This is a report concerning amendments to the Community Engagement Strategy and Policy and this report proposes the repeal of the current Public Participation and Engagement Strategy (Attachment 1) presents the new Community Engagement Strategy for note (Attachment 3) and seeks the adoption of an amended Community Engagement Policy (Attachment 6).
Attachments and Confidential Background Papers
1.
Public Participation and Engagement Strategy (Current) ⇩
2.
Public Participation and Engagement Strategy (Tracked Changes) ⇩
3.
Community Engagement Strategy (New) ⇩
4.
Community Engagement Policy (Current) ⇩
5.
Community Engagement Policy (Tracked Changes) ⇩
6.
Community Engagement Policy (New) ⇩
Abbey Richards
Community Engagement and Development Manager
I concur with the recommendations contained in this report.
Ben Pole
General Manager - Community, Cultural and Economic Development
“Together, we proudly enhance the quality of life for our community”
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 1.
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 2.
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 3.
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 4.
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 5.
Communities Committee
Meeting Agenda
18 February
2020
Item 4 / Attachment 6.
Communities Committee
Meeting Agenda
18 February
2020
Mentions: Ipswich
5. Community Reference Groups
Doc ID No: A6048702
ITEM: 5
SUBJECT: Community Reference Groups
AUTHOR: Community Engagement and Development Manager
DATE: 5 February 2020
Executive Summary
This is a report concerning Council’s five Community Reference Groups and discusses the impact of Council’s Election Caretaker Period Policy on the operation of the Community Reference Groups.
Recommendation/s
That the Interim Administrator of Ipswich City Council resolve:
That the contents of the report by the Community Engagement and Development Manager dated 5 February 2020 be received and noted.
RELATED PARTIES
There are no related parties matters associated with this report.
Advance Ipswich Theme
Listening, leading and financial management.
Purpose of Report/Background
Public participation and community engagement is the foundation of good decision-making, and is mutually beneficial to the community and council. One of the ways that council engages with the Ipswich community is through its five Community Reference Groups, which align to the standing committees of Council:
1. Economic Development
2. Environment
3. Growth Management
4. Resilient Communities
5. Transparent Governance
Each Community Reference Group meets approximately every two months, with the next round of meetings scheduled to occur between 17 and 26 February 2020.
Ipswich Local Government Elections and Caretaker Period
The Electoral Commission of Queensland has published ‘Key election dates’ on its website and notes:
“The ECQ proposes to publish the Notice of Election on Saturday, 22 February 2020. The caretaker period for all councils will start upon publication of the notice on the ECQ’s website.”
In addition to information available from the Queensland Government, Department of Local Government, Racing and Multicultural Affairs, regarding caretaker period, Council on 17 September 2019 adopted the Election Caretaker Period Policy.
The Election Caretaker Period Policy specifically notes, among others things:
“The following Council organised events and ceremonies will have the following variations and or restrictions during the election period:
…
· Community Reference Groups – there will be no meetings held during the Caretaker Period.”
Further, the Election Caretaker Period Policy states:
“ 12. Public Consultation / Stakeholder Engagement
No discretionary public consultation, will take place during the election period on an issue which is significant, contentious or not of an ongoing operational matter.
For the purposes of this policy, discretionary public consultation means consultation which is not legislatively mandated and is a process which involves an invitation from or to individuals, groups or organisations or the community generally to comment on an issue, proposed action or proposed policy.
This policy does not prevent any mandatory public consultation required by the Local Government Act 2009, Planning Act 2016 or any other Act which is required to be undertaken to enable the Council to fulfil its functions in relation to any matter or decisions which are not prohibited by this policy.
Where public consultation is approved to occur during the Election Period, the results of that consultation will not be reported to Council until after the Election Period, expect where it is necessary for the performance of functions of Council and approved by the Chief Executive Officer.”
A copy of Council’s Election Caretaker Period Policy is included at Attachment 1.
Implications for Community Reference Groups
The Election Caretaker Period Policy specifically notes that Community Reference Group meetings will not be held during the caretaker period, which will likely begin on 22 February 2020. However, the next round of Community Reference Group are scheduled to occur between 17 and 26 February 2020.
It is understood that the intention of the Election Caretaker Period Policy is to ensure that major policy decisions are not made during an election period and that Council resources are not used for any political or electoral purposes (see Section 2. Purpose and Principles in Attachment 1).
Accordingly, the Election Caretaker Period Policy explains the areas of council operations that will be impacted during the election period, one of which is significant public events and consultations. It is understood that the intention behind this restriction is to ensure that Councillors who are holding office during an election period are, understandably, restricted in their ability to utilise events and consultations which are occurring as a matter of Council operations for their own campaigning and/or promotional activities.
Council’s Chief Executive Officer, General Manager (Community, Cultural and Economic Development Department) and Community Engagement and Development Manager have discussed these above-mentioned implications and determined that as council is currently under administration, there is no current need to restrict or limit consultation and community engagement activities during this upcoming election period.
Accordingly, Council’s Chief Executive Officer, General Manager (Community, Cultural and Economic Development Department) and Community Engagement and Development Manager have decided to allow the Community Reference Group meetings scheduled for between 17 and 26 February 2020 to occur as scheduled.
Legal/Policy Basis
This report and its recommendations are consistent with the following legislative provisions:
Local Government Act 2009.
As discussed above, Council’s Election Caretaker Period Policy, limits Council’s ability to undertake community engagement activities, specifically, hold meetings with the Community Reference Groups, during the upcoming caretaker period which is anticipated to begin on 22 February 2020.
There are two Community Reference Group meetings which are scheduled to occur post-22 February 2020, on the 25 th and 26 th of February 2020. More generally, there are ongoing community engagement initiatives of an operational nature (that is, they are not legislatively mandated) which have already begun or are scheduled to begin shortly which would be impacted should they not be able to occur throughout the caretaker period.
RISK MANAGEMENT IMPLICATIONS
As discussed above, the impact of Council’s Election Caretaker Period Policy on the operation of the Community Reference Groups has been considered by Council’s Chief Executive Officer, General Manager (Community, Cultural and Economic Development Department) and Community Engagement and Development Manager. The reputational risks and delays to work-in-progress which wold occur if council were to cancel the scheduled Community Reference Group meetings between 17 and 26 February 2020 are not-insignificant.
Further, as Council is currently under administration, there is no current need to restrict or limit consultation and community engagement activities during this upcoming election period as any risk of Councillors utilising events and consultations which are occurring as a matter of Council operations for their own campaigning and/or promotional activities does not currently exist.
Furthermore, the Terms of Reference documentation for the Community Reference Groups include the following statement:
“ Elections
During election periods (whether federal, state or local government elections), members who are considering or intending to stand for elections should remain aware of any conflicts of interest that may arise as a result of being a member of the Resilient Communities Community Reference Group and declare this at meetings (see discussion of ‘Agendas and minutes’). Further, upon formal notification or announcement of a members’ candidacy for election, that member will be automatically suspended from the Resilient Communities Community Reference Group until after the relevant election is held. Any successful candidates will no longer be eligible to be a member of the Resilient Communities Community Reference Group and unsuccessful candidates will be
Mentions: Ipswich
6. Ti Tree Bioenergy Payments
Doc ID No: A6025854
ITEM: 6
SUBJECT: Ti Tree Bioenergy Payments
AUTHOR: Community Engagement and Development Manager
DATE: 23 January 2020
Executive Summary
This is a report concerning the receipt and distribution of Ti Tree Bioenergy Payments, pursuant to a Planning and Environment Court development permit approval judgment on 29 May 2002 (see Attachment 1).
Historically, the Ti Tree Bioenergy Payments have been distributed through proportionate allocation of the payments received to each of the ten divisional community donation accounts and an additional allocation to the former Division 10 community donation account for specific projects nominated by the Willowbank Area Group Inc.
Changes to the Ipswich electoral divisions and potential compliance and governance risks associated with the allocation and distribution of the Ti Tree Bioenergy Payments leads this report to recommend the repeal of previous council decisions relating to the receipt and distribution of Ti Tree Bioenergy Payments.
This report recommends that the Infrastructure and Environment Department and Community, Cultural and Economic Development Department develop and implement an Administrative Directive and relevant associated procedures which detail a revised governance framework for the assessment and determination of suitable projects to ensure compliance with the Planning and Environment Court development permit approval judgment on 29 May 2002.
Ti Tree Bioenergy and Willowbank Area Group Inc would continue to be consulted on the allocation and utilisation of funds.
Recommendation/s
That the Interim Administrator of Ipswich City Council resolve:
A. That the decision of Council, as per the Finance and Special Purposes Committee Report No. 2003(03) of 5 March 2003 and adopted at the Council Ordinary Meeting of 12 March 2003, be repealed.
B. That the decision of Council, as per Item No. 09.02 of the City Management and Finance Committee Report No. 2004(10) of 16 November 2004 and adopted at the Council Ordinary Meeting of 14 November 2004 , be repealed.
C. That the decision of Council, as per Item No. 02.13 of the Planning, Development and Environment Committee No. 2006(06) of 6 June 2006 and adopted at the Council Ordinary Meeting of 14 June 2006, be repealed.
D. That the decision of Council, as per Item No. 03 of the City Management, Finance and Community Engagement Committee No. 2018(03) of 20 March 2018 and adopted at the Council Ordinary Meeting of 27 March 2018, be repealed.
E. That the decision of Council, as per Item No. 02 of the City Management, Finance and Community Engagement Committee No. 2018(09) of 14 August 2018 and adopted at the Council Ordinary Meeting of 21 August 2018 , be repealed.
F. That the Infrastructure and Environment Department and Community, Cultural and Economic Development Department develop and implement an Administrative Directive (“Directive”) and relevant associated procedures (“Procedures”). The Directive and Procedures will detail a governance framework for the assessment and determination of suitable projects to ensure compliance with Condition 8 of the 29 May 2002 Planning and Environment Court development permit approval for a material change of use for a waste disposal operation and ancillary activities on Lots 1 and 2 on RP 24575, Lots 4 and 8 on RP 24574 and Lot 52 on SP 121407 at Champions Way, Willowbank.
RELATED PARTIES
The Willowbank Area Group Inc (the WAG) has provided a service and received financial support from the Ti Tree Bioenergy Payments since approximately 2004 as a result of the decision of Council on 14 November 2004 (and then subsequent Council decisions).
A copy of the Minutes of the Council Ordinary Meeting dated 24 November 2004 is included at Attachment 3.
Advance Ipswich Theme
Listening, leading and financial management, Caring for the Environment and Caring for the Community.
Purpose of Report/Background
Planning and Environment Court Development Permit
On 29 May 2002, the Planning and Environment Court approved a development permit for a material change of use for a waste disposal operation and ancillary activities on the then Lots 1 and 2 on RP 24575, Lots 4 and 8 on RP 24574 and Lot 52 on SP 121407 at Champions Way, Willowbank ( the Approval ). The facility is known as the Ti Tree Bioenergy waste disposal facility ( the Facility ).
In summary, Condition 8 of the Approval, titled ‘Contributions for Local Environmental Improvements’ ( Condition 8 ), requires the operator of the Facility (Ti Tree Bioenergy) to pay Council:
a) $320,000.00 as a one-off payment ( the One-Off Payment );
b) an ongoing annual minimum payment of $100,000.00, calculated by reference to the volume of waste received at the Facility each year and the payment of annual property rates ( the Annual Payments ).
Condition 8 specified, among other things, the following:
“…
8.6 Any funds paid in respect to this condition shall be utilised for community and environmental improvements across the City as determined by Council and having regard to the impacts (whether ‘perceived’ or ‘real’) that might arise from the development.
…”
A copy of the 29 May 2002 Planning and Environment Court Judgment, which includes Condition 8, is included at Attachment 1.
Distribution of the One-Off Payment
Council received the One-Off Payment on 6 January 2003.
Council at its Ordinary Meeting of 12 March 2003 adopted the Finance and Special Purposes Committee Report No. 2003(03) of 5 March 2003 and determined that the One-Off Payment of $320,000.00 be allocated utilising divisional community donation accounts as follows:
1. $220,000 on an equal divisional basis (with an equivalent citywide allocation); and
2. $100,000 provided to the division in which the development is to occur for community and environment improvements (being the former Division 10).
A copy of the Finance and Special Purposes Committee Report No. 2003(03) of 5 March 2003 is included at Attachment 2.
Distribution of the Annual Payments
Council at its Ordinary Meeting of 24 November 2004 adopted the City Management, Finance and Community Engagement Committee Report No. 2004(10) of 16 November 2004, subject to the following amendments:
“Inclusion of the following Clause after Clause 9.01:
9.02 COMMUNITY DONATIONS
With reference to the community donations funded by the Collex planning approval condition order.
RECOMMENDATION
A. That one twelfth of the funding available from the Collex planning approval condition order be available for each divisional community donation account and the city wide community donation account, with the remaining one twelfth being available for additional funding to the Division 10 community donation account to support projects recommended by the Willowbank Area Group Inc.
B. That the Chief Executive Officer be delegated power, in consultation with the Mayor and the Councillor for Division 10, to approve projects recommended by the Willowbank Area Group Inc from the additional Division 10 community donation funding.”
As a result of the above, and in summary, the Annual Payments were allocated in two ways:
1. 11/12 th equally to each of the ten (10) divisional community donation accounts and the city wide community donation account; and
2. 1/12 th to the Division 10 community donation account for specific projects nominated by the Willowbank Area Group Inc (the WAG).
Each of the above is discussed further below.
A copy of the Minutes of the Council Ordinary Meeting dated 24 November 2004 is included at Attachment 3.
Distribution of the 11/12 th of the Annual Payments equally to each of the ten divisional community donation accounts and the city wide community donation account
Up until 30 June 2018, each divisional community donation account and the city wide community donation account contained a number of budget line items. One of these line items was specific to the Annual Payments. In or around October each year, the line item related to the Annual Payments for each divisio
Mentions: Champions Way · Willowbank · Ipswich
Source: Ipswich City Council meeting agenda (CC BY 4.0).