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Council — 2023-02-23
8 New Item (Council) - Presentations and Deputations
8. Presentations and Deputations
Presentation of Employee Support Award to Ipswich City Council on behalf of the Australian Defence Force
Attachments
1. Presentation speech for Australian Defence Force Employee Support Award ⇨
9. Public Participation
Nil
Mentions: Ipswich
10 New Item (Council) - Matter of Public Interest
10. Matter of Public Interest
Mayor Teresa Harding: One Year on from the Flood
Attachments
1. One Year on from the Flood ⇨
11. Declarations of Interest in matters on the agenda
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 the following item:
· Item 15.6 titled Ipswich Central Redevelopment Committee’s Report
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 this matter is being discussed and voted on.
councillor jacob madsen
In accordance with section 150EQ of the Local Government Act 2009 , Deputy Mayor Jacob Madsen informed the meeting that he has a declarable conflict of interest in the following item:
· Item 15.6 titled Ipswich Central Redevelopment Committee’s Report
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 Madsen advised that he will leave the meeting room (including any area set aside for the public) while this matter is being discussed and voted on.
COUNCILLOR JACOB MADSEN
In accordance with section 150EQ of the Local Government Act 2009 , Deputy Mayor Jacob Madsen informed the meeting that he has a declarable conflict of interest in the following item:
· Item 14.2 titled Suspected Inappropriate Conduct of a Councillor
The nature of the interest is that Councillor Madsen is the subject councillor referred to in this report.
Councillor Jacob Madsen advised that he will leave the meeting room (including any area set aside for the public) while this matter is being discussed and voted on.
councillor paul tully
In accordance with section 150EQ of the Local Government Act 2009 , Councillor Paul Tully informed the meeting that he has a declarable conflict of interest in Item 3 of Item 15.1 titled Warrill Park Lawn Cemetery – Master Plan Report.
The nature of the interest is that Councillor Tully is a Trustee of the Goodna Cemetery Trust appointed by the State Government.
Councillor Paul Tully invited the other councillors to determine if he can continue to participate in the decision process.
It was moved by Mayor Teresa Harding and seconded by Councillor Sheila Ireland that Councillor Paul Tully does not have a declarable conflict of interest in the matter because there is no personal or financial benefit to the councillor and therefore a reasonable person would trust that the final decision is made in the public interest.
The eligible councillors present at the meeting decided that Councillor Paul Tully may participate in the meeting in relation to the matter, including by voting on the matter.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Doyle
Fechner
Kunzelmann
Milligan
Jonic
Councillor Tully did not take part in the vote on this matter.
The motion was put and carried.
12. Confirmation of Minutes
Mentions: Brisbane Street · Ipswich · Goodna
12.1. Confirmation of Minutes - Council Ordinary Meeting - 19 January 2023
Resolution: Moved by Mayor Teresa Harding:
12.1
Confirmation of Minutes of Ordinary Meeting
Moved by Mayor Teresa Harding:
Seconded by Councillor Russell Milligan:
That the Minutes of the Ordinary Meeting held on 19 January 2023 be confirmed.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
13. mayoral Minute
Nil
14. Business Outstanding
14.1
Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights
Moved by Mayor Teresa Harding:
A. That Council approve Development Application
No. 17522/2021/PDA, being the Material Change of Use for Community Use (Child Care Centre), subject to conditions as contained in Attachment 2 of this report.
Statement of Reasons
Council has reached its position having regard to the confirmation that the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (DSDSATSIP) are satisfied that cultural heritage matters have been addressed through the obligations under the Aboriginal Cultural Heritage Act 2003. The Queensland Police Service (QPS) Report has confirmed the results of the analysis of the bone fragments found near the subject site were of non-human origin and the advice from Economic Development Queensland (EDQ) that they have considered the assessment of cultural heritage matters and they are satisfied that matters relating to cultural heritage have been appropriately addressed. This has been reflected in the following correspondence.
§ The Correspondence dated 18 November 2022 from the Assistant Commissioner, Queensland Police Service.
§ The Correspondence dated 16 December 2022 from the Minister for Economic Development Queensland.
§ The Correspondence dated 22 December 2022 from the Executive Director Planning Services of Economic Development Queensland.
The motion lapsed for want of a seconder.
Suspension of Meeting Procedures
In accordance with section 10.2.1 and 10.2.2 of Council’s Meeting Procedures Policy Mayor Harding moved a procedural motion to suspend meeting procedures to allow debate on Item 14.1.
Moved by Mayor Teresa Harding:
Seconded by Councillor Sheila Ireland:
That the provision of these meeting procedures be suspended, as is necessary, for the purpose of discussion on Item 14.1 - Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
Councillor Paul Tully foreshadowed that he would move the following alternate motion in relation to Item 14.1:
A. That the email letter from Aunty Kris Bunda (Yowie) to the Mayor and other Councillors on 22 February 2023 regarding the proposed Development Application 7001 Grampian Drive, Deebing Heights be formally received and tabled.
B. That as the application cannot be refused at this stage under the advice from the Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning, the matter be referred back to the Minister for his decision for the following reasons:
(1) There have been 163 objections to the proposed development.
(2) The competing First Nations’ claims in relation to the property and adjacent land cannot be properly assessed with the sole resources of the Ipswich City Council and having regard to the fact that no final native title determination has been made in respect of the area.
(3) The Queensland Police Report of 10 August 2022, which was conducted from photographs and not a physical examination of the skeletal remains, indicates that all except 4 of the bones and bone fragments were assessed as of non-human origin but no final assessment of those 4 remaining bones and bone fragments has ever been made.
(4) That Professor David Lambert from Griffith University has confirmed that “the only way to be absolutely sure about the origins of such remains is to sequence their genomic DNA”.
(5) That First Nations’ oral history is that there was a massacre on and/or near the development site adjacent to the former Deebing Creek Aboriginal Mission and cemetery, and that “there is more than a reasonable likelihood that human remains and/or artefacts are on the development site”, according to the formal submission opposing the development tabled at the meeting of Council on 23 February 2023.
(6) That appropriate State Government consultation occur with the First Nations’ people associated with this site to ensure proper cultural consultation occurs including Ground Penetrating Radar to establish the nature and extent of burials on or near the site including the examination of “anomalies” previously identified during earlier tests.
C. That the submission from Aunty Kris Bunda (Yowie) be included in the reference back to the Minister.
Resumption of Meeting Procedures
Moved by Mayor Teresa Harding:
Seconded by Councillor Paul Tully:
That provision of these meeting procedures be resumed to continue with the order of business.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
Mentions: Grampian Drive · Deebing Heights · Ipswich
14.1. Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights
Resolution: Moved by Councillor Paul Tully:
14.1
Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights
Moved by Councillor Paul Tully:
Seconded by Councillor Nicole Jonic:
A. That the email letter from Aunty Kris Bunda (Yowie) to the Mayor and other Councillors on 22 February 2023 regarding the proposed Development Application 7001 Grampian Drive, Deebing Heights be formally received and tabled.
B. That as the application cannot be refused at this stage under the advice from the Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning, the matter be referred back to the Minister for his decision for the following reasons:
(1) There have been 163 objections to the proposed development.
(2) The competing First Nations’ claims in relation to the property and adjacent land cannot be properly assessed with the sole resources of the Ipswich City Council and having regard to the fact that no final native title determination has been made in respect of the area.
(3) The Queensland Police Report of 10 August 2022, which was conducted from photographs and not a physical examination of the skeletal remains, indicates that all except 4 of the bones and bone fragments were assessed as of non-human origin but no final assessment of those 4 remaining bones and bone fragments has ever been made.
(4) That Professor David Lambert from Griffith University has confirmed that “the only way to be absolutely sure about the origins of such remains is to sequence their genomic DNA”.
(5) That First Nations’ oral history is that there was a massacre on and/or near the development site adjacent to the former Deebing Creek Aboriginal Mission and cemetery, and that “there is more than a reasonable likelihood that human remains and/or artefacts are on the development site”, according to the formal submission opposing the development tabled at the meeting of Council on 23 February 2023.
(6) That appropriate State Government consultation occur with the First Nations’ people associated with this site to ensure proper cultural consultation occurs including Ground Penetrating Radar to establish the nature and extent of burials on or near the site including the examination of “anomalies” previously identified during earlier tests.
C. That the submission from Aunty Kris Bunda (Yowie) be included in the reference back to the Minister.
Councillor Andrew Fechner proposed the following supplementary motion:
That unlike any other location within the Ripley Valley PDA, the Deebing Creek Mission and its surrounds is an important and sacred place with extra legislative and governance layers, namely the Aboriginal Cultural Heritage Act 2003 and the agreed Cultural Heritage Management Plan (CHMP) which need to be fully and appropriately assessed in an open and transparent manner which adequately reflects and addresses the extensive community concerns.
Councillor Paul Tully proposed that the supplementary motion be included as reason No. 7 in the formal motion.
The seconder of the original motion agreed to the proposed supplementary motion and of its inclusion as reason No. 7.
Moved by Councillor Paul Tully:
Seconded by Councillor Nicole Jonic:
A. That the email letter from Aunty Kris Bunda (Yowie) to the Mayor and other Councillors on 22 February 2023 regarding the proposed Development Application 7001 Grampian Drive, Deebing Heights be formally received and tabled.
B. That as the application cannot be refused at this stage under the advice from the Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning, the matter be referred back to the Minister for his decision for the following reasons:
(1) There have been 163 objections to the proposed development.
(2) The competing First Nations’ claims in relation to the property and adjacent land cannot be properly assessed with the sole resources of the Ipswich City Council and having regard to the fact that no final native title determination has been made in respect of the area.
(3) The Queensland Police Report of 10 August 2022, which was conducted from photographs and not a physical examination of the skeletal remains, indicates that all except 4 of the bones and bone fragments were assessed as of non-human origin but no final assessment of those 4 remaining bones and bone fragments has ever been made.
(4) That Professor David Lambert from Griffith University has confirmed that “the only way to be absolutely sure about the origins of such remains is to sequence their genomic DNA”.
(5) That First Nations’ oral history is that there was a massacre on and/or near the development site adjacent to the former Deebing Creek Aboriginal Mission and cemetery, and that “there is more than a reasonable likelihood that human remains and/or artefacts are on the development site”, according to the formal submission opposing the development tabled at the meeting of Council on 23 February 2023.
(6) That appropriate State Government consultation occur with the First Nations’ people associated with this site to ensure proper cultural consultation occurs including Ground Penetrating Radar to establish the nature and extent of burials on or near the site including the examination of “anomalies” previously identified during earlier tests.
(7) That unlike any other location within the Ripley Valley PDA, the Deebing Creek Mission and its surrounds is an important and sacred place with extra legislative and governance layers, namely the Aboriginal Cultural Heritage Act 2003 and the agreed Cultural Heritage Management Plan (CHMP) which need to be fully and appropriately assessed in an open and transparent manner which adequately reflects and addresses the extensive community concerns.
C. That the submission from Aunty Kris Bunda (Yowie) be included in the reference back to the Minister.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
Adjourn Meeting
Moved by Councillor Paul Tully:
That the meeting be adjourned at 9.47 am to reconvene at 10.20 am.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
The meeting reconvened at 10.20 am.
14. Business Outstanding – CONDUCT MATTERS
At 10.21 am Deputy Mayor Jacob Madsen left the meeting room due to a previously declared interest in Item 14.2.
DECLARATION OF INTEREST
MAYOR TERESA HARDING
In accordance with section 150EW of the Local Government Act 2009 , Councillor Andrew Fechner informed the Chairperson he believes Mayor Teresa Harding (Chairperson) has a declarable Conflict of Interest in Item 14.2 titled Suspected Inappropriate Conduct of a Councillor because Mayor Harding was an aggrieved party to the complaint.
Councillors sought clarification from Mayor Harding as to whether she believes she has a declarable Conflict of Interest in the matter.
Mayor Teresa Harding clarified that she believes that she does not have a personal Interest in the matter and tabled advice from the Department of Local Government in support of this.
Mayor Harding declared that in accordance with section 150EZ of the Local Government Act 2009 she did not discuss or influence the other councillors in relation to this matter.
Moved by Councillor Paul Tully:
Seconded by Councillor Andrew Fechner:
That Council determines that Mayor Harding has a declarable conflict of interest in relation to Item 14.2 titled “Suspected Inappropriate Conduct of a Councillor” because of her substantial prior involvement in the matter and that in accordance with Section 150ES(3)(a)(ii) of the Local Government Act 2009 , the Mayor must not participate in the decision and must leave the meeting in relation to such matter because a reasonable person may believe that the final decision may not be made in the public interest.
The reasons for such decision are:
Mentions: Grampian Drive · Deebing Heights · Ipswich · Ripley
New Item (Council) - ASSUMING THE CHAIR
Resolution: Moved by Councillor Paul Tully:
ASSUMING THE CHAIR
Moved by Councillor Paul Tully:
Seconded by Councillor Andrew Fechner:
That Councillor Russell Milligan assume the Chair in the Chairperson’s (Mayor Teresa Harding) absence.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Ireland Nil
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
All Councillors except Mayor Teresa Harding and Deputy Mayor Jacob Madsen were present when the vote was taken.
Councillor Russell Milligan assumed the Chair at 10.33 am.
DECLARATION OF INTEREST
COUNCILLOR NICOLE JONIC
In accordance with section 150EQ of the Local Government Act 2009 , Councillor Nicole Jonic informed the meeting that she has a declarable conflict of interest in Item 14.2 titled Suspected Inappropriate Conduct of a Councillor.
The nature of the interest is that Councillor Jonic had discussions with Councillor Madsen in relation to the generalities of the unfairness she has felt in relation to complaints made against her as well.
Councillor Nicole Jonic invited the other councillors to determine if she can continue to participate in the decision process.
It was moved by Councillor Paul Tully and seconded by Councillor Sheila Ireland that having regard to the nature of the discussions of a general nature rather than the specifics of the matter before Council today, Councillor Jonic be permitted to remain in the meeting in relation to the matter, including by voting on the matter.
The eligible councillors present at the meeting decided that Councillor Nicole Jonic may participate in the meeting in relation to the matter, including by voting on the matter.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Ireland Nil
Tully
Doyle
Fechner
Kunzelmann
Milligan
All Councillors except Mayor Teresa Harding and Deputy Mayor Jacob Madsen were present when the vote was taken.
The motion was put and carried.
Councillor Jonic did not take part in the vote on the matter.
DECLARATION OF INTEREST
COUNCILLOR SHEILA IRELAND
In accordance with section 150EQ of the Local Government Act 2009 , Councillor Sheila Ireland informed the meeting that she has a declarable conflict of interest in Item 14.2 titled Suspected Inappropriate Conduct of a Councillor.
The nature of the interest is that in relation to Item 14.2, Councillor Sheila Ireland and Deputy Mayor Jacob Madsen were both in the photos and made comments and she was not aware that the OIA had two complaints against her until receiving a letter from the OIA to say that the complaints against Councillor Ireland had been dismissed as she didn’t mention Council or funding.
Councillor Sheila Ireland invited the other councillors to determine if she can continue to participate in the decision process.
It was moved by Councillor Paul Tully and seconded by Councillor Nicole Jonic that Councillor Sheila Ireland does not have a declarable conflict of interest in the matter because there is no personal or financial benefit to the councillor and therefore a reasonable person would trust that the final decision is made in the public interest.
Councillor Tully clarified further that even though at one point issues coalesced between Councillor Jacob Madsen and Councillor Sheila Ireland, Councillor Sheila Ireland has been separated from this by a clear decision from the OIA that Councillor Sheila Ireland hasn’t transgressed anything.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Tully Nil
Doyle
Fechner
Kunzelmann
Milligan
Jonic
All Councillors except Mayor Teresa Harding and Deputy Mayor Jacob Madsen were present when the vote was taken.
The motion was put and carried.
Councillor Ireland did not take part in the vote on this matter.
14.2. Suspected Inappropriate Conduct of a Councillor
Resolution: Moved by Councillor Paul Tully:
14.2
Suspected Inappropriate Conduct of a Councillor
A. That the suspected inappropriate conduct of Councillor Jacob Madsen be handled in a way determined by the Council.
B. That once determined, the reasons for the decision of the Council be included in the resolution.
Moved by Councillor Paul Tully:
Seconded by Councillor Nicole Jonic:
That Council, having considered the matter regarding Councillor Madsen referred from the Office of the Independent Assessor (OIA) to the Council's Chief Executive Officer (CEO) on 21 December 2022, decides as follows:
1. In accordance with Section 150AF(b) of the Local Government Act 2009 (the Act), the Council decides that the matter should be investigated on the basis of the information which has been provided to Councillors in respect of this matter.
2. In accordance with Section 150AF(3) of the Act, the reason for such decision is that given the nature and circumstances of the two complaints or information to the OlA in respect of such matter, the Council considers that it has sufficient information to properly decide the matter, without prejudice to the rights of Councillor Madsen or any other person.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Ireland Nil
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
All Councillors except Mayor Teresa Harding and Deputy Mayor Jacob Madsen were present when the vote was taken.
The motion was put and carried.
Moved by Councillor Paul Tully:
Seconded by Councillor Nicole Jonic:
That having investigated such matter, and in accordance with section 150AG(1)(a) of the Local Government Act 2009 (the Act), the Council decides that Councillor Madsen has not engaged in inappropriate conduct on the following grounds (a) to (f):
(a) That Councillor Madsen had the right to make the reported comments in accordance with Section 21 of the Human Rights Act 2019 which states:
"21 Freedom of expression
(1) Every person has the right to hold an opinion without interference.
(2) Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Queensland and whether -
a) orally; or
b) in writing; or
c) in print; or
d) by way of art; or
e) in another medium chosen by the person."
Such right is acknowledged in Section 5 of Council's Media and Corporate Communications Policy (Media Policy) which states:
"Human Rights Commitment
Ipswich City Council (Council) has considered the human rights protected under the Human Rights Act 2019 (Qld) when adopting and/or amending this policy. When applying this policy, Council will act and make decisions in a way that is compatible with human rights and give proper consideration to a human right relevant to the decision in accordance with the Human Rights Act 2019 (Qld)."
(b) That Councillor Madsen was speaking in his proper divisional role and his statutory citywide councillor role having regard to Sections 12(1) and 12(6) of the Act which state:
(1) "A councillor must represent the current and future interests of the residents of the local government area.”
(6) "When performing a responsibility, a councillor must serve the overall public interest of the whole local government area.”
(c) That Councillor Madsen's comments were consistent with Paragraph 8 of Section 2 "Purpose and Principles" of the Media Policy which states inter alia:
"The purpose of this policy is to ensure Councillors have fair and equitable opportunity to engage with the community about divisional, committee and other community matters through Council’s external communication networks, recognising the citywide role and responsibilities of all Councillors under section 12 of the Local Government Act 2009.”
(d) That the comments made by Councillor Madsen were permitted pursuant to Paragraph 6 of Section 6 “Scope” of the Media Policy, which states, inter alia:
“This policy does not preclude Councillors from making their own statements or comments which may conflict with Council’s position…ensuring that their comments are not portrayed by them as the official view of Council.”
Councillor Madsen’s comments did not conflict with any Council position – indeed they supported it – nor did he attempt to portray them as the official view of Council except insofar as they were previously authorised by Council.
Councillor Madsen’s comments related to planned 2 bridge upgrades situated in his Division 1 which were not citywide projects.
The letter from the Office of the Independent Assessor (OIA) of 21 December 2022 to the CEO states that the “relevant committee for federal funding for bridge upgrades… is “ alleged to be the Growth, Infrastructure and Waste (GIW) Committee” but there is nothing in the adopted “Terms of Reference” of the GIW Committee which states that this is correct.
In the OIA letter, it is further “ alleged Councillor Madsen should have referred any request for a media statement to the ICCs Media Team” but there is nothing in the Media Policy which requires this.
The OIA letter further states:
"Councillor Madsen has asserted that the appropriate committee for grants is the Governance and Transparency Committee according to its delegated authority and refers to the 30 June ICC Media Report which was already in the public domain." – See Paragraph (f) below.
His comments in Ipswich News Today of 14 October 2022 and the Ipswich Tribune of 21 October 2022 simply repeat official statements in June 2022 and reflect the inherent right of Councillors to provide factual information to the media and the public about any decision already made by Council.
Any other interpretation would prevent an individual Councillor, except the Mayor and relevant Committee chairperson, from ever publicly disclosing a Council decision or resolution of any kind even it were in the official Minutes of the Council and/or in the public domain.
The official Council Media Statement of 30 June 2022 headed "Division 1 highlights: Urban and rural areas reap benefits in 2022-2023 Budget" stated inter alia the following singular comment from Councillor Madsen:
"The rural road network in Division 1 is also set to benefit from several projects. This includes more than $4.6 million towards timber bridge replacements at Calvert and Ebenezer and $150,000 to design an upgrade to Grandchester - Mt Mort Rood."
As reported in Ipswich News Today on 14 October 2022 and Local Ipswich News on 21 October 2022, Councillor Madsen made the following comment:
"The Ipswich City Council 2022-23 Budget included more than $4.6 million in council funding for these essential upgrades and this Federal Government contribution will ensure the projects can go ahead," he said.
Unequivocally, Councillor Madsen was simply repeating his approved comment of 30 June 2022 which related to his Division 1 which the OIA accepts as within the scope of the Media Policy.
Preventing a Councillor from simply stating or repeating details of a decision already made by Council would be a bizarre and unintended interpretation of the Council Media Policy.
(e) That, notwithstanding any other provisions of the Media Policy, the comments made by Councillor Madsen were at all times completely protected by the over-arching provisions of Paragraph 7 of Section 6 of the Media Policy which state:
"Nothing in the policy shall be interpreted as affecting the right of individual Councillors to raise or comment on issues of public importance or significance to them and to speak about such matters as elected representatives of the local community or in some other capacity".
In this regard, Council re-states its policy objective of Paragraph 7 of Section 6 of the Media Policy of recognising the fundamental and overriding right of all Councillors to speak publicly on any issue of "public importance or significance to them", irrespective of any other provision in the Media Policy. This clause was inserted in the revised Media Policy on 10 March 2022 to refle
15.1. Report of Growth Infrastructure and Waste Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Mayor Teresa Harding:
15.1
Report of Growth Infrastructure and Waste Committee No. 2023(01) of 9 February 2023
Moved by Mayor Teresa Harding:
Seconded by Councillor Paul Tully:
That Council adopt the report of the Growth Infrastructure and Waste Committee No. 2023(01) of 9 February 2023.
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 Growth, Infrastructure and Waste Committee No. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Growth Infrastructure and Waste Committee – item 1
Response to Petition: Request for Sound Barrier - Redbank Motorway Industrial Estate
A. That the report be received and noted.
B. That an update be provided to Councillors in six (6) months.
Growth Infrastructure and Waste Committee – item 2
Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2022(11) of 29 November 2022
That the Minutes of the Growth, Infrastructure and Waste Committee held on 29 November 2022 be confirmed.
Growth Infrastructure and Waste Committee – item 3
Warrill Park Lawn Cemetery - Master Plan Report
A. That the Master Plan for the Warrill Park Lawn Cemetery presented to the Council Ordinary Meeting on 19 February 2013 be revised and updated.
B. That the revised Concept Master Plan for the Warrill Park Lawn Cemetery be presented to a future meeting of the Growth and Infrastructure and Waste Committee.
Growth Infrastructure and Waste Committee – item 4
Regional Planning Interests Act 2014 - Application 22/009 - Austral Bricks - Mt Walker - Request for comments
That Council provide the response to Department of State Development, Infrastructure, Local Government and Planning as set out in Attachment 1.
Growth Infrastructure and Waste Committee – item 5
Exercise Of Delegation Report
That the Exercise of Delegation report for the period
15 November 2022 to 24 January 2023, be received and the contents noted.
Growth Infrastructure and Waste Committee – item 6
Planning and Environment Court Action Status Report
That the Planning and Environment Court Action status report be received and the contents noted.
Growth Infrastructure and Waste Committee – item 7
Infrastructure and Environment Department Capital Delivery Report December 2022
That the capital delivery report for the month of December 2022, be received and the contents noted.
Growth Infrastructure and Waste Committee – item 8
Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights
That Item 8 titled ‘Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights’ be referred to the Council Ordinary meeting scheduled for 23 February 2023.
Mentions: Grampian Drive · Redbank Motorway · Redbank · Deebing Heights
15.2. Report of Governance and Transparency Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Deputy Mayor Jacob Madsen:
15.2
Report of Governance and Transparency Committee No. 2023(01) of 9 February 2023
Moved by Deputy Mayor Jacob Madsen:
Seconded by Councillor Russell Milligan:
That Council adopt the report of the Governance and Transparency Committee No. 2023(01) of 9 February 2023 .
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. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Governance and Transparency Committee – item 1
Confirmation of Minutes of the Governance and Transparency Committee No. 2022(11) of 29 November 2022
That the Minutes of the Governance and Transparency Committee held on 29 November 2022 be confirmed.
Governance and Transparency Committee – item 2
Quarter 2 - Operational Plan 2022-2023 Quarterly Performance
That the Quarter 2 Operational Plan 2022-2023 Quarterly Performance report be received and noted.
Governance and Transparency Committee – item 3
Quarterly Report to the Department of State Development, Infrastructure, Local Government and Planning
That the Committee endorse the draft letter to the Director-General (DSDILGP) containing the quarterly update for October to December 2022 as set out in Attachment 1.
Governance and Transparency Committee – item 4
Update to Council's Meeting Conduct Policy, Meeting Procedures Policy and Public Participation Policy
A. That the updated policy titled ‘Meeting Conduct’ as outlined in Attachment 3, be adopted.
B. That the updated policy titled ‘Meeting Procedures’ as outlined in Attachment 6, be adopted.
C. That the updated policy titled ‘Public Participation at Ordinary Council Meetings’ as outlined in Attachment 9 and the revised ‘Public Participation Application Form’ as outlined in Attachment 11, be adopted.
Governance and Transparency Committee – item 5
Disposal of Interest in Land for Easement Purposes Over Part of 1 Haig Street, Brassall
A. That Council resolve pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) that the exemption referred to in section 236(1)(c)(iv) of the Regulation applies for the disposal of the easement interest of part of 1 Haig Street, Brassall, described as Lot 4 on RP8227 (“the Land”), by way of a new easement arrangement for sewerage purposes between Council and Urban Utilities.
B. That pursuant to s257(1)(b) of the Local Government Act 2009 Council resolve to delegate the power to the Chief Executive Officer to be authorised to negotiate and finalise the terms of the proposed easement as detailed in Recommendation A of this report and to do any other acts necessary to implement Council’s decision.
Governance and Transparency Committee – item 6
Procurement: Rates Modelling Software (EasyRev) Maintenance and Support Agreement - Extension to Contract 12472
A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite quotes for the provision of the Rates Modelling Software (EasyRev) maintenance and support .
B. That Council enter into a contractual arrangement (Council file reference number 12472) with Harbour Software Pty Ltd , at an approximate purchase price of $ 24,000.00 (excluding GST) over the entire term, being an initial term of one (1) year, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms .
Governance and Transparency Committee – item 7
Procurement: Supply of Unbound Pavement Material for Maintenance of Council's Unsealed Roads
A. That Council vary the contractual arrangement with CW & EJ Russell for an additional approximate purchase price of $3,000,000 excluding GST over the entire term of up to three (3) years, being an initial term of one (1) year, with options for extension at the discretion of Council (as purchaser), for an additional two (2) x one (1) year terms.
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 Regulation, in order to implement Council’s decision.
Governance and Transparency Committee – item 8
Procurement: Customer Experience Maturity Assessment
A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical to invite quotes for the provision of the annual Customer Experience Maturity Assessment .
B. That Council enter into a contractual arrangement (Council file reference number 19806 ) with Ipsos Pty Ltd, at an approximate purchase price of $ 70,000 excluding GST over the entire term, being an initial term of one (1) year with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms .
Governance and Transparency Committee – item 9
Procurement: Waste Management Software Solution Contracts 12759 and 14024
A. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the ongoing provision of the transfer stations operations system and related ancillary items provided by Mandalay Technologies Pty Ltd (Mandalay).
B. That the contractual arrangement 14024 with Mandalay for the transfer stations operations system and related ancillary items be extended for a further optional period(s) until 30 June 2026 at an approximate value of $77,281.00 + GST over the additional term (increasing the approximated contract value to $255,000.00 + GST over the entire extended term of the contract if all options are utilised) .
C. That Council enter into a Deed of Variation with Mandalay to appropriately amend the existing contractual arrangement.
D. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the ongoing provision of the waste collection vehicle operations system and related ancillary items provided by 3 Logix Pty Ltd (3 Logix).
E. That the contractual arrangement 12759 with 3 Logix for the waste collection vehicle operations system and related ancillary items for a further optional period(s) until 30 June 2026 at an approximate value of $309,355.00 + GST over the additional term (increasing the approximated contract value to $2,160,000.00 + GST over the entire extended term of the contract if all options are utilised) .
F. That Council enter into a Deed of Variation with 3 Logix to appropriately amend the existing contractual arrangement.
G. 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 10
Procurement: DiSC Profile Solution
A. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that INTEGRO is the only supplier reasonably available to provide the John Wiley & Sons Everything DiSC assessment tool through INTEGRO for the current DiSC system for the following reason:
1. As the current DiSC profile system is under an arrangement between the John Wiley & Sons and INTEGRO which has established a sole supplier arrangement for the DiSC John Wiley & Sons Everything DiSc profile system.
B. That Council enter into a contractual arrangement with I
Mentions: Haig Street · Brassall
15.3. Report of Economic and Industry Development Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Councillor Nicole Jonic:
15.3
Report of Economic and Industry Development Committee No. 2023(01) of 9 February 2023
Moved by Councillor Nicole Jonic:
Seconded by Councillor Sheila Ireland:
That Council adopt the report of the Economic and Industry Development Committee No. 2023(01) of 9 February 2023 .
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. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Economic and Industry Development Committee – item 1
Confirmation of Minutes of the Economic and Industry Development Committee No. 2022(11) of 29 November 2022
That the Minutes of the Economic and Industry Development Committee held on 29 November 2022 be confirmed.
Economic and Industry Development Committee – item 2
Event Sponsorship - Ipswich Cup 2023
That the Ipswich Turf Club receive $20,000 excl. GST in financial support.
Economic and Industry Development Committee – item 3
Quarterly Event Sponsorship and Ticket Allocation Report
A. That Council receive and note that the following event sponsorship allocations during the 1 October 2022 to
31 December 2022 period:
Event Sponsorship under $15,000 (excl. GST) approved by the General Manager, Community, Culture and Economic Development:
· Australian Skateboarding Community Initiative Pty. Ltd. receive $10,000 (excl. GST) in cash support for the 2023 Eastern Rumble.
· Queensland Basketball Inc. receive $7,000 (excl. GST) in cash support for the 2023 Basketball Qld U12 Girls State Championship.
B. That Council receive and note that there were no event sponsorship ticket allocations made during the 1 October 2022 to 31 December 2022 period.
Economic and Industry Development Committee – item 4
Ipswich City Council Federal Budget Submission
That the Ipswich City Council 2023 – 2024 Federal Budget Pre-Budget Submission be received and the contents noted.
Mentions: Ipswich
15.4. Report of Environment and Sustainability Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Councillor Russell Milligan:
15.4
Report of Environment and Sustainability Committee No. 2023(01) of 9 February 2023
Moved by Councillor Russell Milligan:
Seconded by Councillor Sheila Ireland:
That Council adopt the report of the Environment and Sustainability Committee No. 2023(01) of 9 February 2023 .
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. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Environment and Sustainability Committee – item 1
Update - Notice of Motion to request White Rock Spring Mountain Conservation Estate to be Dedicated as a National Park
A. That Council support continued discussion with Queensland Parks and Wildlife Services, Department of Environment and Science around alternative locations, rather than pursue the dedication of White Rock – Spring Mountain Conservation Estate as a National Park.
B. That an update be brought to the May 2023 E nvironment and Sustainability committee.
Environment and Sustainability Committee – item 2
Update - Engagement Planning - Aboriginal and Torres Strait Islander Engagement Guide
A. That a draft Aboriginal and Torres Strait Islander Engagement Guide be developed and presented at a future Environment and Sustainability Committee for endorsement, following relevant stakeholder engagement.
B. That the matter of establishing a Traditional Owners Reference Group, referred to the Environment and Sustainability Committee for further consideration by Council on the 16 September 2021, be considered following the adoption of the Aboriginal and Torres Strait Islander Engagement Guide.
Environment and Sustainability Committee – item 3
Confirmation of Minutes of the Environment and Sustainability Committee No. 2022(11) of 29 November 2022
That the Minutes of the Environment and Sustainability Committee held on 29 November 2022 be confirmed.
Environment and Sustainability Committee – item 4
Review of the Local Disaster Management Plan
A. That the updated City of Ipswich Local Disaster Management Plan provided as Attachment 2 be approved.
B. That the Chief Executive Officer, in consultation with the Mayor, be authorised to make amendments based on feedback from members of the Local Disaster Management Group, who form part of the governance arrangements for adopting this plan.
Mentions: Spring Mountain · Ipswich
15.5. Report of Community, Culture, Arts and Sport Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Councillor Andrew Fechner:
15.5
Report of Community, Culture, Arts and Sport Committee No. 2023(01) of 9 February 2023
Moved by Councillor Andrew Fechner:
Seconded by Councillor Kate Kunzelmann:
That Council adopt the report of the Community, Culture, Arts and Sport Committee No. 2023(01) of 9 February 2023 .
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 Community, Culture, Arts and Sport Committee No. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Community, Culture, Arts and Sport Committee – item 1
Confirmation of Minutes of the Community, Culture, Arts and Sport Committee No. 2022(11) of 29 November 2022
That the Minutes of the Community, Culture, Arts and Sport Committee held on 29 November 2022 be confirmed.
Community, Culture, Arts and Sport Committee – item 2
Active Ipswich Strategy 2031 Annual Report Card
A. That the report concerning the first-year review of the Active Ipswich Strategy 2031 implementation be received and the contents noted.
B. That the Councillor representation be amended to reflect the revised arrangements for the Active Ipswich Strategy 2031 noting this is a change from Healthy Active City Alliance to West Moreton Obesity Advisory Group.
Community, Culture, Arts and Sport Committee – item 3
Ipswich Libraries Annual Report Card
That the report concerning Ipswich Libraries Annual Report Card be received and the contents noted.
Community, Culture, Arts and Sport Committee – item 4
Community Funding and Support Allocations Status Report -
1 October to 31 December 2022
That the report concerning the allocation of Council’s Community Funding and Support Programs from
1 October to 31 December 2022 be received and the contents noted.
Community, Culture, Arts and Sport Committee – item 5
Customer Experience Program Quarterly Report - December 2022
That the 31 December 2022 quarterly report concerning Council’s Customer Experience program of work be received and the contents noted.
At 11.27am Councillors Andrew Fechner and Deputy Mayor Jacob Madsen left the meeting room due to a previously declared interest in the matter.
Mentions: Ipswich
15.6. Report of Ipswich Central Redevelopment Committee No. 2023(01) of 9 February 2023
Resolution: Moved by Councillor Marnie Doyle:
15.6
Report of Ipswich Central Redevelopment Committee No. 2023(01) of 9 February 2023
Moved by Councillor Marnie Doyle:
Seconded by Councillor Sheila Ireland:
That Council adopt the report of the Ipswich Central Redevelopment Committee No. 2023(01) of 9 February 2023 .
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Ireland
Tully
Doyle
Kunzelmann
Milligan
Jonic
All Councillors except Deputy Mayor Jacob Madsen and Councillor Andrew Fechner 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. 2023(01) of 9 February 2023, as listed below, as resolutions of Council:
Ipswich Central Redevelopment Committee – item 1
Confirmation of Minutes of the Ipswich Central Redevelopment Committee No. 2022(11) of 29 November 2022
That the Minutes of the Ipswich Central Redevelopment Committee held on 29 November 2022 be confirmed.
Ipswich Central Redevelopment Committee – item 2
Nicholas Street Precinct - Brand and Activation Manager Report - January 2023
That the Nicholas Street Precinct Communications, Engagement and Events Monthly Report be received and the contents noted.
Ipswich Central Redevelopment Committee – item 3
Nicholas Street Precinct - Retail Sub-Project Steering Committee December 2022
That the December 2022 Retail Sub-Project Steering Committee Report be received and the contents noted.
At 11.28 am Councillors Andrew Fechner and Deputy Mayor Jacob Madsen returned to the meeting room.
16. Officers’ Reports
Mentions: Nicholas Street · Ipswich
16.1. CEO Organisational Performance Report for January 2023
Resolution: Moved by Mayor Teresa Harding:
16.1
CEO Organisational Performance Report for January 2023
Moved by Mayor Teresa Harding:
Seconded by Councillor Andrew Fechner:
That the Chief Executive Officer Organisational Performance Report for the month of January 2023 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.
16.2. Procurement: Oracle Licences for iVolve
Resolution: Moved by Mayor Teresa Harding:
16.2
Procurement: Oracle Licences for iVolve
Moved by Mayor Teresa Harding:
Seconded by Councillor Kate Kunzelmann:
A. That pursuant to Section 235(f) of the Local Government Regulation 2012 (Regulation), Council utilise government agency contractual arrangement ICTSS.1102 by State of Queensland (acting through the Department of Communities Housing and Digital Economy) for the provision of Oracle Products and Services (Council file reference number 18396 ), with Oracle Corporation Australia Pty Ltd (Supplier) who is a party to the government agency contractual arrangement .
B. That under the government agency contractual arrangement with the Supplier, the approximate purchase price is $ 5,009,777.30 excluding GST over the entire term, the end date of the initial term being 26 February 2026 , with current options for extension at the discretion of Department of Communities Housing and Digital Economy and/or Ipswich City Council of an additional two (2) X one (1) year terms.
C. That Council may enter into ancillary contractual arrangements with the supplier, as allowed by the government agency contractual arrangement.
D. 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.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
Mentions: Ipswich
16.3. Monthly Financial Performance Report - January 2023
Resolution: Moved by Mayor Teresa Harding:
16.3
Monthly Financial Performance Report - January 2023
Moved by Mayor Teresa Harding:
Seconded by Councillor Sheila Ireland:
That the report on Council’s financial performance for the period ending 31 January 2023, 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.
16.4. Procurement: 20067 Parks and Facilities - Flood Damaged Assets Reconstruction Project
Resolution: Moved by Mayor Teresa Harding:
16.4
Procurement: 20067 Parks and Facilities - Flood Damaged Assets Reconstruction Project
Moved by Mayor Teresa Harding:
Seconded by Councillor Andrew Fechner:
A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender
No. 20067 for the delivery of Parks and Facilities Flood Damaged Assets Reconstruction Project to H & G Contractors Pty Ltd (Supplier).
B. That Council enter into a contractual arrangement with the Supplier at an approximate purchase price of $6,089,711.75 excluding GST.
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.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Harding Nil
Madsen
Ireland
Tully
Doyle
Fechner
Kunzelmann
Milligan
Jonic
The motion was put and carried.
8 . Notices of Motion
Nil
9 . Questions on Notice
Nil
MEETING CLOSED
The meeting closed at 11.33 am.
Source: Ipswich City Council meeting minutes (CC BY 4.0).