Agenda of Council - 31 January 2018

Council 31 January 2018

Item 11.1

11.1. Outcomes from the Tourism Industry Liaison Group (TILG)

The Tourism Industry Liaison Group (TILG) was formed by Council in 2017 to seek stakeholder engagement regarding the delivery of tourism marketing and promotion services by the Bega Valley Shire Council. This report outlines the outcomes from three meetings held October – December 2017.

Director Strategy and Business Services

Officers Recommendation

1. That Council note the strategic direction and input from the Tourism Industry Liaison Group (TILG).

2. That Council note the progress to the next stage of tendering for the provision of tourism marketing and promotion for a four year period from 1 July 2018.

3. That Council note the recommendations within the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016), and Council Officers progress the development of an appropriate long-term service delivery model for tourism marketing and promotion and a preferred funding model for the future consideration of Council.

Executive Summary

The TILG has provided valuable input, context and direction to both the long and short term future of tourism services in the Shire. Council is now in a stronger position to clearly articulate the focus of the next tourism services contract. The input from the TILG will be considered in the development of the scope for tender document and the final contract for the preferred tourism services contractor. The next services contract must start on 1 July 2018 and a tendering process will be conducted over February-April 2018 to meet this deadline.

In addition, the TILG process identified the need to progress the recommendations within the Review of Tourism Services in the Bega Valley Shire (2016). Moving forward this report will form the strategic basis and direction for further Council works.

Background

On 22 February 2017 Council resolved to extend the current contract for tourism services with Sapphire Coast Tourism Ltd for a period of 12 months to 30 June 2018. The purpose of the extension was to allow for the finalisation of the review of the existing arrangements and develop new contract terms for Council funded tourism services to be implemented from 1 July, 2018.

To ensure Council has input into this process from qualified and relevant individuals, it was resolved to form a Tourism Industry Liaison Group (TILG) and Councillors Bain and Nadin were appointed as Councillor Delegates.

At the Council meeting on 26 April 2017 Council resolved to commence a process to advertise for three (3) community/tourism industry members to the TILG. Nominations for the TILG were formally advertised through local media publications, on Council’s website and via an Expression of Interest process. Applications closed on 9 June 2017 with the following (4) community/tourism industry members appointed: Leigh Louey-Gung; Lyn Kennedy; Robert White; and Greg Britten. In addition, two stakeholder representatives were also invited to join the group as per the Terms of Reference (ToR) (one each from the Department of Premier and Cabinet and Destination NSW).

The ToR for the TILG focussed on three key areas:

· The TILG will meet three (3) times in July, September and November 2017; (actually met October, November and December).

· The TILG will provide feedback and make suggestions in relation to the scope of services and governance arrangements for the BVSC Tourism Services contract; and

· Input provided by TILG will be strategic in nature and based on observations, trends and advice that have the potential to impact positively on the region’s visitor economy.

The strategic direction and input from the TILG is included as Attachment 1.

Community Engagement

The purpose of the TILG was to obtain community/tourism industry input as per the ToR with three meetings held over a seven (7) week period (October, November and December 2017). As part of this process, the TILG also sought further community/stakeholder input with a specific request for information from the Shire’s Visitor Information Centres (VICs) and from the current tourism services contractor – Sapphire Coast Tourism (SCT). A combined submission from the Eden, Merimbula and Bermagui VICs was received as was a submission from SCT. These submissions helped inform the discussion of the TILG members.

Further consultation at appropriate stages, will be required with external stakeholders in terms of identifying preferred delivery models for tourism and marketing services and the resourcing required to deliver this. Reports to Council will be provided at the appropriate times to support this work.

Financial and resource considerations

Council currently has two special rate variations aligned to the tourism and visitor economy.

Funding source		Amount
Special Rate Variation – Tourism Services (commercial ratepayers only)	$	~290,00 p/yr
Special Rate Variation – Tourism Infrastructure (all ratepayers)	$	~195,000 p/yr

The tourism infrastructure special rate variation also supports a range of assets directly used by the broader Bega Valley Shire community.

Council also provides assistance to the local tourism and visitor economy through property service / management arrangements and funding, operation maintenance of key infrastructure assets and significant in-kind staff support.

Legal /Policy

No specific legal issues emerged for Council’s consideration though information and views obtained will help shape future tourism services contracts.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Visitation is identified as a focus area in Council’s Economic Development Strategy 2016-2021.

The TILG discussed a range of issues about the tourism and visitor economy in the Bega Valley Shire. A key area of discussion related to the longer term roles, options, funding and tourism services delivery models in the Shire. To this end the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016) was discussed at length. The TILG expressed strong interest in progressing a recommendation from this report that delivers on the economic benefits of a growing visitor economy. This report is included in Attachment 2.

Environmental / Sustainability

The natural environment of our region is the key regional tourism related asset promoted to potential visitors. The discussions by the TILG recognised this asset was the key destination marketing aspect that sets the Sapphire Coast apart from other regions in Australia.

Economic

Tourism and the visitor economy is a key local industry with an estimated value of over $382m annually. Domestic day, domestic overnight and International tourism totals: 351,000; 482,000; and 25,000 visits respectively with many local businesses supported by this economic activity, though they may not identify as a ‘tourist’ business.

Risk

The value of the tourism and visitor economy is significant to the Bega Valley Shire. Supporting sustainable growth in this key sector supports local jobs and growth. The Review of Tourism Services in the Bega Valley Shire (2016) report clearly articulates the important role Council plays in ensuring the broader Bega Valley Shire benefits from the tourism and visitor economy into the future.

Social / Cultural

The tourism and visitor economy is a key sector in the Shire that aligns directly to a range of cultural events (e.g Four Winds, Merimbula Eat). It also supports social outcomes including employment and training opportunities.

Attachments

1 ⇩. TILG Strategic Input Summary

2 ⇩. BVS Review of Tourism Services May 2016

Council 31 January 2018

Item 12.2

12.2. Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan Grant Offer

Council has been offered a grant of $169,866.67 by the NSW Office of Environment and Heritage under its Floodplain Risk Management Grants Scheme for the 2017/2018 financial year.

Acting Director Transport and Utilities

Officers Recommendation

1. That the grant offer of $169,866.67 from the NSW Office of Environment and Heritage for completion of Council’s Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan be accepted and authority be delegated to the General Manager to execute the funding agreement prior to the submission date of 6 February 2018.

2. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $169,866.67, nomination/s be called for local community representatives, for the Bega Valley Shire Floodplain Risk Management Focus Group from within the Merimbula Lake and Back Lake catchments.

Executive Summary

Council has been offered a grant of $169,866.67 by the NSW Office of Environment and Heritage under its Floodplain Risk Management Grants Scheme for the 2017/2018 financial year.

The grant is to facilitate the completion of the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan, to assist managing the identified flood risk within the target catchments. The grant requires formal acceptance by Council by returning the supplied funding agreement to the Office of Environment and Heritage by 6 February 2018 executed by the General Manager.

There are significant policy, strategic and financial advantages for Council by accepting the 2017/2018 grant offer of $169 866.67 from the NSW Office of Environment and Heritage.

Background

Application was made to the NSW Office of Environment Heritage Floodplain Management Program Grants Scheme on 26 April 2017 for the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan. Council was notified on 6 December 2017 of its successful application and has received a grant offer of $169,866.67 to complete the proposed project.

The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends local Councils understand and manage their flood risk through the floodplain risk management process as outlined in the Manual.

The Floodplain Management Program provides financial support to Councils and eligible public land managers to:

· make informed decisions on managing flood risk by preparing Floodplain Risk Management Plans (and associated background studies) under the floodplain risk management process

· implement Floodplain Risk Management Plans to reduce flood risk to both existing and future development, and reduce losses through a range of property, flood and response modification measures as outlined in the manual

· provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local Councils.

The Floodplain Risk Management Study forms the second stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual 2005.

The NSW Office of Environment and Heritage supports Councils by providing funding and technical assistance for various floodplain management projects like floodplain risk management studies and Floodplain Risk Management Plans.

The floodplain risk management options identified during the Floodplain Risk Management Study will be essential for the development of the proposed Floodplain Risk Management Plan strategies and recommendations. The identified structural and non-structural floodplain risk management options will require modelling, cost-benefit analysis and community consultation for final inclusion in the proposed Floodplain Risk Management Plan to be developed.

Council also resolved to support the grant application by allocating an amount of $85,000 from General Fund as a co-contribution to undertake the project at its meeting of 15 March 2017.

Options

The only viable option available is to accept the grant funding and provide the matching co-contribution as per Council’s previous resolution of 15 March 2017 and proceed with the project.

To not do so, is to accept the identified risks discussed further below.

Community Engagement

Acceptance of the 2017/2018 grant offer has a number of consultation implications.

Consultation with the community is an integral part of the Floodplain Risk Management Study and plan completion process. Media releases, radio interviews, focus groups and community questionnaires are typical activities undertaken during a Floodplain Risk Management Study and plan project. Consultation with State Government agencies and residents within the Merimbula catchment areas will be undertaken, using a variety of these activities.

Other consultation activities required typically include public information meetings, public exhibition of the draft Floodplain Risk Management Study and Plan, processing of submissions and presentation of the completed report to Council by the flood study consultant.

Further, as per Council’s resolution at its meeting of 25 September 2013, a floodplain risk management focus group and technical sub-committee was formulated that comprised State agency and community representatives. State agency and Councillor representatives have now been resolved and nominations from the community via advertisement in local print media and Council’s website has commenced. The final selection of any community representatives secured will be the subject of a separate report to be tabled before Council after closure of the nomination period as per the resolution made 25 September 2013.

Consultation undertaken

The need for the project was previously identified as part of the completed Merimbula Lake and Back Lake Flood Study recommendations and resolutions adopted by Council at its meeting of 16 March 2017.

Consultation Planned

Typical consultation activities undertaken as part of a Floodplain Risk Management Study and Plan project are described above. The specific consultation strategy for this project will be developed, once any subsequent process for a consultant is resolved.

Should Council resolve to accept the grant offer and provide the necessary co-contribution to allow the project delivery, a subsequent media release promoting the project and grant offer will be developed.

Council consideration of input

Council formally considers the final Floodplain Risk Management Study and Plan reports following a period of public exhibition of the draft reports, findings and recommendations.

The draft findings and recommendations are developed following initial community consultation to gather information. The final recommendations are then developed following any consideration of submissions received during the public exhibition of draft reports.

Financial and resource considerations

The grant offer is made on the basis of 2:1 (State:Council) funding contributions. Not accepting the grant offer will mean having to find the additional funds of $169,866.67 from internal Council sources not yet allocated to the flood study project and may have impacts on other projects commencing as scheduled.

The grant funding is available for a maximum period of three years as per the conditions of the funding agreement to enable the project to be completed. Council would need to ensure that the required matching contribution of $84,933.33 would be available over the project period which may extend up to two years in practice. As per Council’s resolution of 15 March 2017, an amount of $85,000 from General Fund was set aside to support the grant application for the subsequent Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan. Consequently, the matching contribution is fully allocated for the current 2017/2018 financial year as part of stormwater operating expenses. Any unexpended funding from the budget allocation for the co-contribution will need to be carried over to subsequent financial years to ensure the completion of the project.

Funding source		Amount
BVSC General Fund allocation – Stormwater Operating Expenses	$	85 000
NSW Office of Environment and Heritage Grant	$	169,866.67

Additional resources required will be the borne by operational staff from within Council’s Transport and Utilities and Planning and Environment Directorates and meeting facilities.

Legal /Policy

The 2017/2018 grant offer will require formal acquittal at project completion, executed by the General Manager, with supporting financial documentation attesting to the full and proper expenditure on approved activities under the funding agreement.

The acceptance of the 2017/2018 grant offer will allow completion of the Floodplain Risk Management Study and Plan project that will ultimately provide Council with a contemporary Floodplain Risk Management Study and Plan in accordance with the NSW Floodplain Development Manual April 2005.

The NSW Floodplain Development Manual April 2005 has been prepared in accordance with the NSW Government’s Flood Prone Land policy. It guides Councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes. The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce public and private losses resulting from floods, utilising ecologically positive methods wherever possible. To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of Council’s, Government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the Manual.

The 2005 Floodplain Development Manual replaces the 1986 Floodplain Development Manual as the NSW Government’s Manual relating to the management of flood liable land in accordance with Section 733 of the NSW Local Government Act 1993. The Manual applies to floodplains across NSW, in both urban and rural areas.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The acceptance of the 2017/2018 grant offer has a number of strategic implications.

The completed Floodplain Risk Management Study outputs will form further inputs into the proposed Floodplain Risk Management Plan for the Merimbula Lake and Back Lake catchments. The proposed Floodplain Risk Management Plan outputs will produce inputs into Council’s current Bega Valley Comprehensive Local Environmental Plan 2013 with its underlying Development Control Plan (DCP) 2013.

The Floodplain Risk Management Plan outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from the finalised Floodplain Risk Management Plan recommendations. These potential future works projects may then need to be considered as part of Council’s Strategic Asset and Long Term Financial planning.

Completion of the Floodplain Risk Management Study and Plan will achieve the outcomes in the 2017/2018 Operational Plan namely:

Outcome 4 – Liveable Places

Goal 7: Identify and Complete floodplain risk management studies.

Environmental / Sustainability

Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication and agricultural practices, destroying high value crops. Therefore development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupation of the floodplain against the costs.

A Floodplain Risk Management Study forms a key input into the development of a completed Floodplain Risk Management Plan. The management study is a major multi-disciplinary process involving high levels of skill in engineering, planning, the sciences (social and environmental), economics and emergency management. Some typical environmental and sustainability factors considered in the management study include the environmental needs of rivers and floodplains, the environmental and cultural impacts of any identified management measures, potential impacts from acid sulphate soils and climate change impacts such as sea level rise.

The purpose of a management study is to identify, assess and compare various risk management options and consider opportunities for environmental enhancement as part of mitigation works.

The outputs of the completed Floodplain Risk Management Plan will form a technical input into Council’s current Comprehensive Local Environmental Plan 2013, Development Control Plan 2013 and other long term strategic plans.

Economic

The great majority of the State’s towns and cities are located on inland and coastal floodplains because of early reliance on maritime or riverine transport. These towns are subject to flooding and measures are needed to protect their future livelihood. Floodplains are also the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, as generally the more fertile areas, are a base for a significant proportion of the State’s agricultural business.

As part of the Floodplain Risk Management Study socio-economic studies of identified risk management measures are undertaken to weigh cost of implementation versus the benefits of a reduction in flood risk and flood damages whilst accounting for social and environmental impacts.

Risk

The two main risks arising from not accepting the grant offer are financial and operational.

To not accept the grant funding imposes a greater financial burden upon Council resources in order to complete the project in order to manage the identified flood risk.

To not proceed with the project potentially exposes Council to operational risks now it has detailed knowledge of the flood risks arising in both the Merimbula Lake and Back Lake catchments. Council’s endorsements of the Merimbula Lake and Back Lake Flood Study as per its resolutions of 15 March 2017 are evidence of its knowledge of the identified flood risks.

Social / Cultural

Once the Floodplain Risk Management Study and Plan is completed, protection strategies for various Council assets may be identified for consideration in the Floodplain Risk Management Plan. Similarly, measures to reduce the social impact from flooding on the community may also be identified and assessed.

Once the Floodplain Risk Management Plan is completed, implementation of recommendations to address emergency response, access and asset protection issues during flood events may be required. These potential future works will need to be considered as part of Council’s long term strategic asset and financial planning.

Attachments

1. Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan funding agreement (Councillor Only) (Confidential)

Day and Date	Meeting Type	Status
Wednesday, 31 January 2018	Ordinary	Unchanged
Wednesday, 21 February 2018	Ordinary	Unchanged
Wednesday, 14 March 2018	Ordinary	Unchanged
Wednesday, 11 April 2018	Ordinary	Replaces 4 and 18 April 2017
Wednesday, 2 May 2018	Ordinary	Unchanged
Wednesday, 23 May 2018	Ordinary	Was 16 May 2017
Wednesday, 13 June 2018	Ordinary	Was 6 June 2017
Wednesday, 27 June 2018	Ordinary	Unchanged
No meetings in July 2018		Unchanged
Wednesday, 8 August 2018	Ordinary	Unchanged
Wednesday, 29 August 2018	Ordinary	Unchanged
Wednesday, 19 September 2018	2.00pm Meeting Election of Mayor and Deputy Mayor 3.00pm Ordinary	Unchanged
Wednesday, 10 October 2018	Ordinary	Unchanged
Wednesday, 31 October 2018	Ordinary	Unchanged
Wednesday, 21 November 2018	Ordinary	Unchanged
Wednesday, 12 December 2018	Ordinary	Unchanged

Council 31 January 2018

Item 13.3

13.3. Joint Organisation membership

The NSW State Government is in process of formalising the creation of Joint Organisations. It will be voluntary to join such an organisation and Bega Valley Shire Council (Council) needs to now formally resolve to join the Joint Organisation.

General Manager

Officers Recommendation

1. That Council inform the Minister for Local Government (Minister) of Bega Valley Shire Council’s endorsement of the Minister, recommending to the Governor the establishment of a Joint Organisation (JO) in accordance with this Resolution:

To approve the inclusion of the Bega Valley Shire Council’s (the Council) area in the JO's area.

2. That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas in the South East and Tablelands State planning region:

· Bega Valley

· Eurobodalla

· Goulburn Mulwaree

· Hilltops

· Queanbeyan Palerang

· Snowy Monaro

· Upper Lachlan

· Wingecarribee

· Yass Valley

3. That, on the expiry of a period of 28 days from the making of this Resolution, the General Manager provide the Minister:

a) with a copy of this Resolution including the date on which Council made this Resolution, and

b) inform the Minister this Resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.

4. That the General Manager also advise the Minister that the preferred name for the Joint Organisation accurately reflect it as a NSW Local Government body through inclusion of South East NSW and Canberra Region in the name and support South East Joint Organisation.

Executive Summary

Council resolved on 29 November 2017 to join the Joint Organisation (JO) covered by the South East and Tablelands State planning region. Following that resolution of intent this report includes the formal Resolution required to allow the Minister to progress the joint organisation membership to the Governor for proclamation. The Resolution will be forwarded to the Minister for Local Government after the expiration of 28 days from the making of this Resolution, if the Resolution is not rescinded.

Background

A report was presented to Council on 29 November, 2017 regarding the formation of JOs a key component of the local government reform process as JOs have the ability to transform the way in which the State Government and local government collaborates and sets regional priorities to support local communities.

Council resolved:

13.5 Joint Organisation membership

1. That Council formally resolve its intention to join the Joint Organisation designated by the Council areas outlined in this report.

2. That Council receive a report on the legal framework for formally advising the Minister for Local Government in February 2018 of its intention.

3. That Council workshop an appropriate name to forward to the Minister to be formally resolved at its meeting in February 2018.

When the matter was considered on 29 November 2017 not all information about proclamation had been provided to Councils. Further information was received on 20 December 2017 and notes that a 28 days period is required, following the adoption of the Council Resolution, prior to advice being provided to the Minister. The Council’s February meeting would not allow period of time to happen.

JOs can be formed with a minimum of 3 councils and those councils must lie within a State Planning Region as shown on figure 1 below:

Figure 1 – State Planning Regions

Bega Valley Shire Council is one of the 8 membership Councils of the Canberra Region Joint Organisation (CBRJO), the other Councils being: Yass Valley; Eurobodalla; Queanbeyan/Palerang; Snowy Monaro; Goulburn/Mulwaree; Upper Lachlan; and Hilltops. Wingecarribee is also a Council noted in the South East and Tablelands Planning Region. To date they have not been participating as a full, active member of the CBRJO however they have the option of considering their membership as do all other Councils.

To be part of a proclaimed Joint Organisation each Council must resolve that its area be included within the area for the proposed joint organisation area.

The State Government will provide $3.3m to support the establishment of the regional joint organisations.

Options

Council has previously resolved to join the JO. This report includes the formal Resolution now required to progress this matter. The Resolution of 13 December 2017 indicated that Council consider relevant names for the JO to include in the Resolution. The options therefore are for Council to consider the most relevant name which reflects the region appropriately.

Our region's relationship with the ACT and Canberra is important and there is a Memorandum of Understanding between the NSW and ACT governments and one between the current CBRJO and the ACT. However a name such as Canberra (or Capital) Region and South East (or South Coast) NSW Joint Organisation would better reflect the area.

Whilst this is semantics, it will become a key issue when the body is legislated. The majority of Councils in the JO have indicated their comfort with the current name of Canberra Region Joint Organisation. The current draft implementation action plan for the JO outlines the name as South East Joint Organisation. This will be discussed at the JO Board meeting planned for 9 February 2018.

Financial and resource considerations

The Mayor attends JO Board meetings. The General Manager sits on the Operational Implementation level of the JO, the General Managers Advisory Committee, which meets every six weeks. Other activity happens out of session and increasingly via teleconference. Key Council officers also participate on an as needed basis.

Funding source		Amount
Membership allocated in budget paid for 2017/18	$	29,975

Legal /Policy

The State Government passed legislation for the formal creation of Joint Organisations under the Local Government Amendment (Regional Joint Organisations) Bill 2017 on Wednesday 22 November 2017. This now allows councils in regional NSW to resolve to voluntarily create Joint Organisations.

Councils do have freedom to choose, there is no compulsion to join a joint organisation. A formal Council Resolution aligning with the area covered by the Canberra Region Joint Organisation is required to be provided to the Minister for Local Government by 28 February 2018.

The proposed start date of legislation is 1 July 2018.

Where the Minister wishes to recommend the proclamation of a joint organisation, the Minister must certify the relevant council has passed a Resolution approving inclusion of the council's area in the joint organisation's area. The appropriate wording of the required Resolution was provided to all Councils on 20 December 2017 and is the recommendation of this report. Importantly it names the relevant Council areas within the relevant State Planning region. Following receipt of Council resolutions the Minister will recommend JO areas to the Governor to enable proclamation.

It has now been advised there must be a period of 28 days following Council making the Resolution and following the expiration of that period, the General Manager is to then provide the Minister with a copy of the Resolution, informing the Minister the Resolution has not been rescinded so that the Minister can issue a certificate under section 400P of the Act.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

With the very strong direction of the State Government to working with regions across the State, it is critically important for Councils to be at regional meetings to enable key local and regional projects from this area to be highlighted effectively. The Councils in the proposed JO area are all covered by the South East and Tablelands Regional Plan, the Premier's region, a large number of other State agency regions, and the new Destination Southern NSW.

Being an active member of a JO is a key strategy in the Councils adopted plans.

Participation in a JO will continue to be a significant advantage in development of shared services and improved outcomes for local government.

Risk

With the continual move from State and Federal Government to regional priority setting, non-participation has the risk of key Bega Valley issues not being on the agenda in critical meetings with these levels of government. Some Councillors have continued to advocate for Council to stand alone and lobby for local issues to the exclusion of participating in these regional bodies. Doing our own lobbying has merit and should of course continue however not being at the table through participation on a JO for these key regional advocacy and leadership discussions, has the potential to see our critical projects not being considered in regional discussions.

In the past when Council has made submissions on the JO, a key issue has been an appropriate name. Whilst the current name of Canberra Region Joint Organisation (CBRJO) has some traction it is a key issue the name of the body accurately reflect the region is covers specifically, as this will be a legislated NSW government entity.

Social / Cultural

Membership of, and active participation in a JO is a key action in the Operational Plan. Importantly this has resulted in Bega Valley Shire Council’s key infrastructure and asset priorities forming part of a significant lobbying program to government for funding. There are waste and planning working groups which have representation from Bega Valley through the Director and appropriate Managers.

Attachments

Nil

Council 31 January 2018

Item 14.1

14.1. Investments Report - November and December 2017

This report details Council’s investments at the end of November and December 2017

Director Strategy and Business Services

Officers Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position.

2. That Council note the certification of the Responsible Accounting Officer.

Executive Summary

I, Graham Stubbs, as the responsible accounting officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993, and clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Also, all investments have been appropriately recorded in Council’s financial records and reconciled on a monthly basis.

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal Policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Strategy and Business Services Directorate has made the monthly Investments Report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $63,921,601 at 31 December 2017. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	October 2017	November 2017	December 2017
General Fund	$18,535	$16,539	$18,979
Water Fund	$15,567	$16,025	$16,097
Sewer Fund	$27,798	$29,336	$28,846
TOTAL	$61,900	$61,900	$63,922

· Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

As at the 30 November 2017, BVSC’s cash balance was $4,763,761 and the investment balance was $61,900,000.

As at the 31 December 2017, BVSC’s cash balance was $1,891,813 and the investment balance was $63,921,601.

BVSC will no longer report on its externally or internally restricted fund balances in its monthly investment report. These figures have not been reconciled monthly and transfers in and out of reserves predominately occur at the end of each financial year.

BVSC will continue to report on both its externally and internally restricted funds in its annual audited financial statements.

Legal /Policy

Section 625 of the Local Government Act 1993 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government and published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

In accordance with its approved Investment Policy, BVSC has implemented a new Procedure to better manage its cash flow requirements and investment returns.

The changes will improve the reporting of BVSC’s investments by increasing the level of transparency, reduce counterparty credit risk and provide BVSC with greater returns in the longer term.

BVSC will utilise the NSW Treasury Corporation (TCorp) Client Portal to manage its investments and cash-flow requirements.

There are a number of options available to councils under TCorpIM Core Funds, which include:

· TCorpIM Cash Fund

· TCorpIM Strategic Cash Fund

· TCorpIM Medium Term Growth Fund

· TCorpIM Long Term Growth Fund

The TCorpIM Cash Fund and TCorpIM Strategic Cash Fund invests in short dated Australian cash and fixed interest securities, and are ideal for generating stable income over the short term.

The TCorpIM Medium Term Growth Fund and TCorpIM Long Term Growth Fund are diversified funds that invest in a blend of growth and defensive asset classes. These funds are designed for investors with longer term time horizons and are able to take additional investment risk in order to generate higher potential returns.

The preservation of capital is the principal objective of the BVSC’s approved Investment Policy. Consistent with BVSC’s risk tolerance, as defined under BVSC’s approved Investment Policy, officers can only place investments in the TCorpIM Cash Fund or the TCorpIM Strategic Cash Fund.

By better managing cash flow it is expected BVSC will increase the interest returns on investments. In doing so, BVSC will be utilising the facility which allows funds to be recalled from the TCorpIM Cash Fund on the same day.

By way of example, the average bank balance of BVSC’s account between December 2016 and November 2017 was $3.5 million. If BVSC can manage its bank balance more efficiently and reduce its average balance down to approximately $1 million, based on previous returns, BVSC would receive an additional $50,000 a year in interest.

Furthermore, at 30 November 2017, BVSC also held a total of $5 million with the ANZ in at call account. The ANZ at call account earned interest at 1% per annum. By moving the $5 million across to the TCorpIM Cash Fund, BVSC would expect to receive, based on previous returns, an additional $50,000 a year in interest.

In total this will improve BVSC’s financial performance, subject to interest rate movements, by $100,000 each year.

The yearly rate of return on the TCorpIM Cash Fund was reported as 2.30% per annum and on the TCorpIM Strategic Cash Fund it was 2.48% per annum.

TCorp manages approximately $80 billion in assets, as at 31 August 2017 including approximately $25 billion in the TCorpIM Funds.

Further information has been attached outlining the TCorpIM Funds.

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (copy attached).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates Environmental, Social and Governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Attachments

1 ⇩. Investment Report November and December 2017

2 ⇩. TCorpIM Statement Bega Valley Shire Council - CAFT (1303) December 2017

3 ⇩. TCorpIM Funds Flash Report - Dec 2017

4 ⇩. TCorpIM Funds Monthly Report - November 2017

5 ⇩. Investment Stewardship Policy

Council 31 January 2018

Item 16.1

16.1. Local Government NSW (LGNSW) Annual Conference 2017

Councillors attended the Local Government NSW Annual Conference held in Sydney from the 4-6 December 2017. Delegate reports are presented for the information of the community and other Councillors.

Cr McBain, Mayor

Cr Kristy McBain

I attended the LG NSW Conference on behalf of the Bega Valley Shire Council.

On Monday afternoon, the General Manager and I met with other representatives of the CBRJO and the Regional Infrastructure Coordinators Office (Harry Henderson and Don Murray) to discuss infrastructure priorities from the JO. The CBRJO has an infrastructure matrix and each council has its own priority list.

Following that meeting the General Manager and I met separately with the Regional Infrastructure Coordinators to discuss funding options for water treatment facilities in the Shire. They have already identified themselves that water quality is an issue for all local Councils east of the great divide and having visited the Bega Valley on two separate occasions they are aware of our issues. We received advice as to how to frame our grant application to the Safe and Secure Water Fund and following our meeting we have had email correspondence and a third visit from their office to view the water facilities and meet with staff on the technical aspects of the application.

The conference was opened on Monday night with the President’s address, noting this was an election year for LG NSW and as such the current President was ineligible to continue his presidency. Voting continued over the next day and the new President and Board has now been announced.

The new Board is as follows:

President Cr Linda Scott City of Sydney Council	Treasurer Cr Marjorie O'Neill Waverley Council	Vice President Rural/Regional Cr Lindsay Brown Eurobodalla Shire Council	Vice President Metropolitan/Urban Cr Angelo Tsirekas City of Canada Bay Council
Directors Regional/Rural
Cr Ruth Fagan Cowra Council	Cr Paul Harmon Inverell Shire Council	Cr Rod Kendall Wagga Wagga Shire Council	Cr Phyllis Miller Forbes Shire Council
Cr Marianne Saliba Shellharbour City Council	Cr Ben Shields Dubbo Regional Council	Cr Darriea Turley Broken Hill City Council
Directors Metropolitan/Urban
Cr Khal Asfour City of Canterbury Bankstown	Cr Lesley Furneaux-Cook Burwood Council	Cr George Griess Campbelltown City Council	Cr Julie Griffiths Blacktown City Council
Cr Mazhar Hadid Liverpool City Council	Cr Karen McKeown Penrith City Council	Cr Michael Regan Northern Beaches Council

The conference was opened by the Honourable John Barrilaro MP, Deputy Premier on behalf of the Premier who has an interest in Local Government after his stint on the Queanbeyan City Council prior to entering State politics. He urged the sector to continue the push for Constitutional Recognition and better funding opportunities through the Federal Government. He answered questions for a considerable period before leaving. Cr Rowena Abbey (Mayor, Yass Valley Council) and myself met with Deputy Premier John Barrilaro as Chair and Deputy Chair of Canberra Regional Joint Organisation for 5 minutes in regards to the region and requesting his attendance at a future Joint Organisation meeting.

The conference then moved to the Business Paper.

Bega Valley Shire Council submitted a motion to the Business Paper listed as Item 32 which stated:

“That Local Government NSW lobbies on behalf of councils for all Rural Fire Service (RFS), State Emergency Services (SES) and Surf Life Saving Clubs assets to be removed from Council asset registers (sheds, equipment etc) and the responsibility be taken back by the RFS, SES and Surf Life Saving Club.

That this process not be used to increase local government contributions and further that the NSW Government investigate a model for RFS based on the Country Fire Authority (CFA) model in Victoria.

I spoke to the motion and outlined the impact that this has on our asset register with $10 million dollars in sheds and clubs and the impact on our depreciation schedule. We have also been asked by the auditor to account for the red fleet of the RFS which is an additional $2.5 million dollars and depreciation which we have resisted to date. These agencies and councils work together through a Service Level Agreement (SLA) in times of emergency and in general. The agencies should be autonomous to allow them to deal with their own assets.

There were some dissent from councils who were concerned this would diminish the collaboration between councils and the agencies but this is not the intent of the motion but rather a simple accounting practice which assigns assets to their appropriate holder. The motion was passed.

I did speak for and against other motions including:

Item 11 from Tenterfield Shire Council:

That Local Government NSW writes to the Minister for Roads, Maritime Services & Transport to request that local government areas (LGAs) are able to meet and negotiate with Forestry Corporation NSW to contribute towards grading and any other work on maintaining roads while logging is going on in that area.

I would have been in favour of the motion. However an amendment was moved which changed the motion to the following:

That Local Government NSW writes to the Minister for Roads, Maritime Services & Transport to request that local government areas (LGAs) are able to meet and negotiate with Forestry Corporation NSW and private forestry operators to contribute towards grading and any other work on maintaining roads and bridges while logging is going on in that area.

I spoke against this motion on the basis that private forestry operators already pay rates on their land (which Forestry Corporation does not) and therefore contribute to the maintenance of their shire’s roads. This would further contribute to an inequitable scheme where one business pays more to operate than a competing business and as such I would not support the amendment.

The amendment became the motion and the motion was carried. I did not support the motion.

Item 34 from Wollondilly Shire Council:

That Local Government NSW advocates for the NSW Government to investigate the implementation of an Agricultural Enterprise Credit Scheme across NSW to enhance food production, improve economic viability for farmers and improve resilience.

I believe this is an important motion and suggested the following amendment be added as a point 2 to the motion:

That LGNSW advocates to the State Government to incentivise decentralisation of enterprises to regional and rural NSW.

I believe that many businesses may consider moving out of metropolitan NSW and into regional and rural communities if incentives were offered by the State Government which could include things such as no stamp duty on purchases of land where they are moving a business, reduction in payroll tax etc. South Australia and Victoria offer incentives to attract businesses to their jurisdiction

The amendment was lost but I still voted in favour of the motion.

I did approach the executive of LG NSW to include my amendment as a standalone motion after I received feedback from other councils; however it was not accepted as it had already been debated. I have since written to LG NSW, as advised to do by the Chief Executive Officer, requesting that the Board look in to whether this is an action that can be taken on.

Item 84 – Clarence Valley Council (amended motion)

That Local Government NSW lobbies the NSW Government on behalf of all NSW councils amalgamated in 2004 to receive the same financial compensation as those councils recently amalgamated in 2016 and that communities whose proposed amalgamation did not proceed in 2017 receive the $5 million community infrastructure funds as promised by the government.

I voted against this motion and spoke to it saying that the NSW State Government is in a different position now than they were in 2004. Allowing a council amalgamated in 2004 to apply for funding would be the start of a slippery slope - BVSC was amalgamated in 1980. We would like some of the current day funding also…..

Of importance to residents and ratepayers in our area:

Item 31 Bellingen Shire Council (as amended)

That Local Government NSW advocates to the State and Federal Governments in the strongest possible terms for a review of the Financial Assistance Grants (FAGs) to local government to determine a more equitable methodology for distribution, including but not limited to, a reduction of 30% per capita component to not less than 10%.

Carried.

Item 47 Coonamble Shire Council

That Local Government NSW lobbies the State Government to increase weed control funding to weeds authorities within NSW.

Carried.

Item 66 Shoalhaven City Council

That Local Government NSW calls upon the NSW Minister for the Environment, The Hon. Gabrielle Upton MP to act on banning the use of single use plastic bags in NSW. Further, that the ban include all identified ‘biodegradable and degradable’ bags up to 70 microns.

Carried.

Item 72 Inverell Shire Council

That:

1. The NSW Government appoint a single state agency to work with local government and be responsible for the overall management of Flying-fox camps that impact on urban areas.

2. The agency be provided with adequate funding to undertake on-ground actions to mitigate human amenity impacts associated with the presence of Flying-fox camps.

3. The NSW Government pursue appropriate legislative and camp management policy changes to enable the practical size reduction, relocation and prevention of Flying-fox camps within 500 metres of residences, schools and public facilities.

Carried.

The Honourable Gabrielle Upton MP, Minister for Local Government spoke at the conclusion of the first day of the conference. Minister Upton advised that the draft Model Code of Meeting Practice is out and adopts the principles of respect, effective, transparent meetings which promote the use of technology. There would be mandatory briefings prior to a council meeting to ensure operational questions are already asked. There would be a mandatory induction program for Councillors with ongoing professional development which would include training, conferences and the like with reports to be made available on Council websites about the professional development undertaken by each Councillor. The Minister did not take any questions.

The following morning we had an address from the Honourable Peter Primrose MLC, Shadow Minister for Local Government on what he believed has been the failings of the current government including forced amalgamations and how the Labor Party would improve outcomes for the sector if elected in 2019 including allowing voluntary de-mergers, will review rate capping and increase funding to libraries. Shadow Minister Primrose accepted questions so I asked whether under a Labor Government they would look at different funding models for regional and rural councils. I gave our BVSC example of being the longest coastal shire in NSW, small population, only 27% rateable land, multiple assets due to our population being spread out (e.g.: 6 pools, 24 halls, 9 cemeteries, 8 sewerage treatment plants, 4 water plants etc.), approx. 700kms of sealed and approx. 700kms unsealed roads. Whilst half of the room were able to share our experience, there was no adequate answer given to assist many regional and rural councils in the same position.

Dr Jonathan Carr-West gave a video presentation on the changes to and the transformation of Local Government in the UK and what he believes will become a similar situation in Australia into the future. A “council” is a somewhere (a place) that makes people proud, engaged in their community and environment. We need to think about how we deliver services to make savings with more innovative delivery or different service delivery. Councils should resist centralised power (Independent Hearing and Assessment Panels rolled out in Metropolitan Sydney for example). It is important to come back to constitutional recognition of Local Government as we should have more of a role in national policies and regional investments (e.g.: Brexit).

The Honourable Melinda Pavey MP, Minister for Roads, Maritime and Freight gave a presentation about current works being undertaken and took questions. She recognised that collaboration with councils was key to her portfolio and that there needs to be funding certainty around block grants. She recognised that timing for grants needed to be more flexible and that expertise was required to assist grant applications for councils in some instances. Draft Freight Strategy to be released which will require big input from councils.

Carolyn McNally, Secretary of the Department of Planning and Environment gave a presentation advising that strategic planning now covers the whole state. Councils now have access to spatial data from the online planning portal. The Department has 26 actions to make housing more affordable into the future. She wants a better relationship between councils and DPE and will look to visit all councils to discuss specific roads blocks and challenges within the planning system. This advice was passed on to staff who will make contact with the Department to arrange a visit as soon as possible.

Stuart Reeve, Managing Director Micromex Research & Consulting gave a presentation into community perceptions of local government. His research indicates that the importance of local government has increased over time. For small and medium councils – economic growth and development is a priority, providing key services and making vibrant communities. His online poll indicated that 70% of people polled trust local government whilst only 43% trust state government. Communication and engagement is the most important element to get right for a council.

I found the conference to be engaging, the conference business ran well with interesting debate on the motions. It is clear there are issues facing regional and rural councils which our metropolitan counterparts do not face or even understand at times.

Our membership of the CBRJO and Country Mayors Association allowed for further discussion with those other Councils and how we might into the future approach issues particularly facing regional and rural communities.

Cr Cathy Griff

Conference attendance is recognised as professional development for Councillors – especially encouraged under the revised guidelines from the Office of Local Government covering Councillor development.

The overarching and obvious benefit of attendance is to contextualise experience and performance of BVSC against other Councils – particularly rural and regional Councils. It is illuminating to witness the level to which our issues and obstacles are common throughout local government rather than the outcome of local practices.

The outcome of 90 motions can be studied via the LGNSW website for those interested in particular topics. The advantage of attendance is to hear the debate, learn the process, and be aware of the strength of opinion on the vast array of subjects canvassed.

A key theme throughout the conference, raised especially by politicians, related to the important status of local government for its closeness to the ‘coalface’ of community opinion, authenticity, and nimbleness. While there was widespread recognition of budget limitations, Councils were urged to raise and test ideas, rather than confine their effort to basic service provision.

The complex procedures entailed in conducting such a large and lengthy all of conference meeting is highly informative. The Chairing was regularly questioned and amended due to corrections and queries from the floor.

Motions

I was prepared to speak on the topics of which I was most familiar as a Greens Councillor, especially the environment. However, all such motions were carried with little or no debate. It is reassuring that the Local Government conference supports environmental protection as is the case largely within our Shire. LGNSW voted to support the NSW Government’s aspirational objective for achieving net-zero emissions by 2050. A detailed motion agreed LGNSW advocate that councils show commitment to energy efficiency, solar and other renewable energy sources through a range of measures. Five Councils (including Shoalhaven) succeeded to have their motion passed calling on the Environment Minister to ban single use plastic bags (including so called biodegradable bags up to 70 microns).

Duration of pre-polling was much discussed in Motion 74 (raised by Gunnedah). Candidates in rural Councils especially struggle to be visible at the polling stations in prior to elections. I proposed an amendment, which was carried as follows:

That Local Government NSW petitions the NSW Government to change the Local Government (General) Regulation 2005 to reduce the pre-poll voting period to one week, Saturday to Friday excluding Sunday of the week before Election Day.

Speakers

Rhoda Roberts, Head of First Nation Programming, Sydney Opera House spoke on accessing and creating relationships with your local community. Her presentation was inspirational based on her experience especially as Festival Director Boomerang involving escalating numbers of Indigenous young performers throughout the country. Her approach reflected the goals of our SouthEast Arts, which engages strongly with our Aboriginal community. As Roberts stressed the rewards from such arts participation may only become evident years in the future

Inevitably the topic of Australia Day was raised in questions. The speaker urged that the date could be changed without detriment to the majority of Australians, while respecting the feelings of Aboriginal people about ‘invasion day’.

Dr Jonathan Carr West, Chief Executive Local Government Information Unit UK presentation on transforming local government was fascinating and useful in being based on substantial community perception research. In a 2017 survey of 1007 residents (128 LGAs) three-quarters of respondents thought local government was best placed to make key decisions; 61% considered the image of local government was good to excellent; 70% thought it trustworthy; 74% were willing to pay more for services. Even above what local government achieved, communities valued its responsiveness and efforts of engagement.

Listening, informing and transparency were deemed to need improvement. Residents wanted more involvement in local decision making. ‘Communication and engagement is your ace – more important than planning’.

Ellen Fanning as ‘Master’ of Ceremonies stressed similar values as Dr West. She describes local government as a network rather than an institution – ‘a catalyst for social action’. Fanning stressed the importance of place in every aspect of local government and as a tool for engagement. She favoured participation via a range of means including citizen juries, surveys, and informal meetings at markets and outside events.

Annabel Crabb’s keynote session built on the theme of local government as authentic, effective and most representative of community in a world marred by political distrust and confusion. She highlighted exit tracking of voters which revealed level of satisfaction with the democratic system has halved in the past decade from 80 % to 40%.

Crabb feels local government should be prepared to take risks and try new directions as long as the ‘experiment’ or trial was made clear to residents. She urged us to investigate and cherish what is unique about our community. Of key importance is the need for places where people can gather: parks, plazas, nurseries, classrooms, markets and so on.

Parliamentarian speakers: Gladys Berejiklian, Gabrielle Upton, Peter Primrose, and Melinda Pavey were informative as a crash course on current issues in their portfolios but uniformly cautious about straying from a script or risking bold statements on new directions.

An address by Carolyn McNally, Secretary of the Department of Planning and Environment, was on housing affordability and partnerships with councils. The focus was mainly metropolitan. The notion of housing affordability being a problem in rural areas was not discussed. Indeed ‘moving to the bush’ seems to be depicted as a housing solution.

Concurrent briefing sessions

Elected life and good governance: Building your capabilities was pitched at a fairly introductory level. Yet as with many aspects of the conference insights arise from observation and conservations with the audience. New Councillors at this session expressed similar concerns as were evident among our new Councillors. Our induction process seems to have been more comprehensive than many.

Environment and Planning: Biodiversity reforms presented by the Office of Environment and Heritage appeared complex and convoluted. There was general concern and scepticism from the audience about the notion of ‘environmental offsets’ whereby destruction in one area can supposedly be offset by improvements in a different location. The topic has been raised by BVSC’s Coastal Council committee so I will pursue it with this group.

The EPA’s presentation on introduction of Container Deposit Scheme raised more questions than it answered. It was early days but it seemed there were scarce points of deposit in rural areas and those were being overwhelmed by the flood of containers – finding it a slow process to manage. Hopefully the system is developing more smoothly. Certainly, the concept is hugely welcome but councillors may need to liaise with our deposit centres to assess how they are coping as well as the roll out in general.

Meetings

Greens Councillors

There was a large contingent of Greens attending the conference. The Greens gathered at one of the meal breaks with MP David Shoebridge. Meeting with other Greens greatly enhances my capacity to represent the significant proportion of Greens voters I represent in the Bega Valley Shire. Our policies are clearly stated on Greens websites and are those I will continue to pursue in Council. Exchanging information and ideas with all conference delegates, including the Greens, offers a valuable perspective on effective policies and directions in subjects raised by the LGNSW conference agenda of interest to our communities: environmental threats and protection; waste reduction and management; arts development and participation.

LGNSW Board

Elections were held at the conference for the new LGNSW Board. Delegates had the opportunity to engage with candidates. The new President, Cr Linda Scott from the City of Sydney is an energetic, younger woman, representing a major change from the former board. I spoke at length with newly elected Vice President Rural/Regional Cr Lindsay Brown from Eurobodalla. Cr Brown also sits with me on the South East Arts Board and he is keen to see LGNSW taking more account of rural Councils in future operations of the peak organisations.

Cr Jo Dodds

The 2017 LGNSW Conference was attended by over 800 delegates from remote, regional, rural and urban councils across NSW and beyond. It was an honour to be able to attend to represent the citizens of the Bega Valley Shire and to share ideas about how to make our diverse communities stronger, healthier and happier.

The conference opened with addresses from the following:

Lord Mayor of Sydney, Clover Moore

· Hopes we can refocus on constitutional recognition of local government

· Continue to focus on and fight for our communities' priorities

Robyn Hobbs, Small Business Commissioner and Service NSW

· Spoke about the difficulties small businesses face when starting a new business.

· Ms Hobbs' initiated the Easy to do Business Program which introduced changes to small business requirements effectively reducing an 18 month process down to 3 months. Reduced number of forms from 70+ to just one.

· Service NSW offering free access for bars and cafes to their platform.

Full details of the Easy to do Business Program are available here: http://www.lgnsw.org.au/files/imce-uploads/396/Robyn_Hobbs_Easy_to_do_Business.pdf

John Barilaro - Minister for regional NSW, Acting Premier

Emphasised that the Premier has a focus on not losing local character via development.

Spoke about:

· The role of local government in providing public amenity.

· The value of open space.

· The critical importance of better consultation.

· Constitutional recognition - we teach our kids that there are 3 tiers of government but there are actually only two. Local government is misrepresented by this belief.

· The job of a strong and sustainable LG sector:

· create great cities

· small businesses important to vibrancy and prosperity of LG

· 90% of Australia's economic activity occurs in NSW with much of it driven or supported by

· local government

· see young people stay in their local regional areas - grow more education options, gain skills, training and job prospects.

Questions from the audience included better funding for Libraries (Wagga), Infrastructure investment - Bells line of Road, commitment fully funded training and education - TAFE, Campbelltown City Council.

Gabrille Upton - Minister for Local Government

Minister Upton reiterated many of the points already made about the value and role of local government. She went on to add that:

· Period of reform is over - "there will be no forced council mergers"

· Committed to supporting councils and councillors to support our local communities

· Auburn and Nth Sydney are examples of where we've failed to represent our communities

· New code of conduct will address issues from which we have lately seen negative impacts. We'll have 6 months to review our Codes of Conduct.

· Draft model code of meeting practice released today for comment. Meetings are to be transparent, informed, and respectful. Mandatory webcasting. Listening in real time. Voluntary best practice to increase community contribution.

· Draft guidelines for induction and professional development are on exhibition till March 2018

· All underpinned by financial sustainability of local government. This clearly begs the question about how the state government might better fund local government

· New performance measurement framework being developed

· She encourages Tim Hurst (Acting Chief Executive, Office of Local Government) to bring LG to the table in state decisions that may effect LGs

· Joint Organisations (JO) will transform how we collaborate with each other and with OLG/state Joining is optional. LG is encouraged to design your own JOs

· In JOs we'll get a better seat at the table in talking about infrastructure with State.

· Be collaborative and work together to achieve outcomes for our communities

Peter Primrose - Shadow Minister for Local Government

Mr Primrose made the following observations:

· Huge changes are happening in the local government sphere now

· Is fighting against council mergers and will release the coming report when it finally arrives from the (authority). Premier and others promised 'No forced council mergers' and are promising so again.

· NSW Labor will put into their platform a binding promise of no involuntary mergers or demergers!!

· Labor wants to ensure that decisions re mergers or JOs are always made locally, not in Macquarie Street.

· Next Labor government will abolish Priority Precincts.

· Office of Local Government is now subject to damaging cost cutting.

· 2017-18 budget statement shows a saving that we can quote when requesting extra funding - $110 million.

· $4.4 million was spent on the stronger councils advertising campaign - a waste according to the auditor.

· NSW provides lowest per capita funding for libraries of all states. 1.8% increase this year.

· Legislative Council Enquiry in to LG. 2015. Cost shifting costs councils $680 mill pa.

Questions to Mr Primrose

Are we about making LG NSW an arm of State?

No, we're LOCAL. Cookie cutter approach to prescribing LG behaviours - CoC is too restrictive and doesn't respect our autonomy

Mayor of Bega Valley Shire, Cr Kristy McBain, asked about rate pegging - how can we fund our infrastructure with all the increases in costs against a 1.5% increase in funding?

Rate pegging is a legacy issue that has outlived its usefulness. Full, open and transparent enquiry is required, looking at financing, ways and means of improving financial revenue.

Dealing with ageing infrastructure - forced mergers won’t work

Mr Primrose stated that he is happy to visit our local council and asks that we call and arrange a date.

Dr Jonathan Carr-West, Chief Executive.

Dr Jonathan Carr-West has been Chief Executive of the Local Government Information Unit (LGiU)

· Trust is a global issue - loss of institutional trust causes all else to fail - SINGLE BIGGEST ISSUE FACING ALL GOVERNMENT AND INSTITUTIONS AND COMMUNITIES.

· Power doesn't devolve to LG - it BELONGS to us. It comes from Community through council to government.

· Keep dialogue about hot issues such as population density open. Not binary. Engage in discussions about options, issues, and complexities. Avoid for and against. Avoid phrasing questions in these black and white terms.

· Aim for constitutional recognition of LG.

· LG should not act like an institution but consider being more of a network.

· Widespread collapse of trust in political institutions - 'post-truth' or more precisely post-institutional, post-trust. Decision-making elites are detached and no longer represent, understand or care about us. Not Left VS Right, rich VS poor, open VS closed, global VS local, institutions VS collaboration! Build trust in NETWORKS not institutions.

· Democracy is good at adapting to crisis but not at avoiding them in the first place. They're reactive.

· LG has maintained more trust than state or national governments. But only just...

To move from a focus on being an institution to being a network and fix the trust deficit:

1. Reframe narrative internally and externally - institutions not responding in the way people need. Take their concerns SERIOUSLY. Engage and drive discussion.

2. PLACE - what do the people who live HERE NOW aspire to?

3. Act like a network focussing on outcomes, not internal processes. Do our internal systems actually support the change in behaviours we want?

4. Participation! Focus on this and dialog - meetings, citizens juries, don’t be the castle on the hill leaving the gate open. WE HAVE TO GO TO THE PEOPLE.

· Trust IS itself the change we need.

· When dealing with Government make sure you talk to other councils first - be collaborative (JOs) so Government can't divide and rule.

· Community Engagement - don’t get hung up on the how - focus on listening and valuing engagement.

Follow up reading/viewing:

David Goodhart’s The Road to Somewhere, The Populist Revolt and the Future of Politics

As local Government we can withstand the resistance of somewheres - the people who get their ID from place and often mistrust/dislike those who are anywheres (and tend to be elites).

ABC Radio How “somewheres” and “anywheres” explain Brexit

David Runciman’s article The Confidence Trap

Carolyn McNally, Secretary to the Department of Planning and Environment

· Focussing this year on communication.

· First year of satisfaction survey indicated score of -12, now +40.

· Some proposals were still sitting there after 9 years.

· 75% of Development Application approvals have occurred within 40 days - outside that tend to be more complex and require community consultation.

· 71,000 new homes last year.

· Land use and infrastructure planning.

· Housing affordability package - and identifying those projects needed to support LGs provide more housing dev in areas of need.

· Dealing with backlog of rezoning applications to free up land for development for housing

· Planning a tour of councils in 2018

· Parks, local character, space, respect for heritage, dog walking - these were the things people identified as what was important to them in their areas. Putting out guidelines for protecting local character!!!

· Asks her department people to think 20-25 years ahead and urges us to so too

The Hon Melinda Pavey, Minister for Roads, Maritime and Freight

· Says councillors work for little or no return

· Record amounts of grant funding

· Fixing Country roads program $250 million on 250 projects. On 1st January 2018 will go from grants to open system so we can develop projects on our OWN time, not rushed!

· Boating Now - boat ramps, pontoons, jetties $37 mil provided for 120 projects

· Application process is a challenge. Government now changing the process including more support.

· Road fatalities - launched on Monday road safety campaign designed for country people. Country is where most fatalities occur.

· Freight - every train replaces 45 trucks. Huge reductions on road degradation are possible with increased rail lines.

Stuart Reeve, Managing Director, Micromex Research and Consulting, Community perceptions of local government

Mr Reeve spoke to the results of a comprehensive survey of community perceptions about Local Government, which indicates that overall LG is perceived positively:

· Confirmation bias is always challenging.

· Where are we now, where does community want us to be, how do we get there?

· Responsiveness, competence, listening - 3 most important measures to residents.

· Performance accounts for 43%, vision 32%, values (the remainder) - so vision and values actually outweigh performance!

· Surveyed 1007 residents in 128 LGAs error =/-3% so very accurate.

· 75% of residents think LG should make local decisions.

· 82% residents are somewhat satisfied, 55% are very satisfied (it's rising!).

· 6% of residents are not at all satisfied with their council’s performance (co-incidentally, 6% of Americans believe the moon landing was faked).

· 61% say we've a good-excellent image in community.

· Local government is seen as increasingly important.

· Listening, informing and transparency are the lowest satisfaction areas. Service delivery etc are all better.

· Trust. LG 70%, State Government 43% This is why contentious decisions (such as fluoridation of water supplies) are better placed with local government.

· Willingness to pay more. Young people are very happy to pay more. Only small group don't want it - the 6%ers. Around 75% willingness for paying more for services, facilities, infrastructure!

· Communication and engagement is NOT just a newsletter, a Facebook post. It's got to be two way.

· The act of engagement automatically increases satisfaction! Ask what citizens see and think and feel and want. Without even offering a change this increases satisfaction

· Attach information to people's bins - more effective than a rates notice.

· 56% people want to be involved in decision-making on local government issues

· Don't ask for inputs if you've already made a decision!

Concurrent Sessions: People and Communities

Jody Broun, Director NSW/ACT, Red Cross on Disaster Preparedness – councils building resilience with their communities in times of natural disaster or accident

· How to build resilience?

· Preparedness, heeding warnings results in a much faster recovery. Those businesses which were prepped for the 2017 Northern Rivers floods were the first to reopen.

· 49% storm and 23% flood - biggest causes of disaster economic cost.

· Event causes personal and business damage but council also has costs in repairing damaged infrastructure and cleaning up all the extra hard waste collection that people put out after water damage.

· Insurance in flood and fire prone areas is more expensive so many people don’t have insurance.

· Red Cross runs a school program called the Pillowcase Program teaching school kids about how to pack for evacuation. Hope the kids take the message home to parents but even if they don’t those kids are likely to remember what to do in event of a disaster.

Shabnam Bhana - CD worker Liverpool City Council - Refugee resettlement

· 247 million people are residing in a country other than where they were born.

· Although local governments don’t often provide resettlement services they can provide leadership and facilitate other services.

· Liverpool supports refugees with a range of services and assistance, none of it externally funded!

Greg Conkey OAM Mayor Wagga Wagga

· 1690 refugees officially resettled in the city

· Pop 65,000, 112 countries 107 languages, 62 places of worship representing most religions

· "We are an inclusive community"

· Strong growth between 1-2% pa

· Nearly half of increased population are overseas born

· Multicultural festival attracted 14,000 people - Fusion

· Gears and Beers fest (bikes and beer)

· Language cafe for people to practice English in a relaxed atmosphere

Mary Barry, Chief Executive Officer, Our Watch on the national framework for preventing violence against families and women Q&A

· Global number of women living in violence - 980 million women.

· 1 domestic violence (DV) matter every 2 minutes.

· 1 in 4 Australian women experience violence from men.

· 95% of perpetrators of violent crime are men.

· Women are 3 x more likely than men to be killed by their partner.

· 1 woman killed by her partner per week in Australia.

· The issue is embedded in our cultural and social norms - smoking in cinemas and planes, sun-tanning, drink driving. Campaigns created social and behavioural change.

· There's a strong link between sexist jokes and attitudes and violence towards women.

· More than 50% of women experiencing violence in the home have children in their care.

· Our Watch is independent organisation established by government. All states and territories have joined EXCEPT NSW!!

· Our Watch has developed a framework to help drive change - Change the Story.

· "When women are seen as equal with men violence against women will become a thing of the past" Nasty remarks about the 'sisterhood' or petticoat junction contribute to the gap and attitudes.

· "Call out sexist and derogatory comments in the workplace" Don’t buy in to 'boys will be boys' or other excuses.

· We have to be both bold and courageous and speak against sexism, inequality and violence.

· They will be releasing Standards in the Workplace - check website.

Our Watch and Change the Story full details here: Change the story: A shared framework for the primary prevention of violence

Annabelle Crabb

"Real life has now eclipsed fiction. This is an enormous problem for the creative arts"

Ms Crabb provided a humorous but incisive vision of the challenges of government at all tiers and how the post-truth era is making the jobs of politicians and media just that much more difficult. The solution, as always, is to stay close to your communities, to ground truth and to keep it real.

The full record of motions voted on and passed is available here: https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference

Attachments

Nil

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

Council	31 January 2018
*Item 11.1 - Attachment 1*	TILG Strategic Input Summary

Council	31 January 2018
*Item 11.1 - Attachment 2*	BVS Review of Tourism Services May 2016

Council	31 January 2018
*Item 11.1 - Attachment 2*	BVS Review of Tourism Services May 2016

Council	31 January 2018
*Item 12.3 - Attachment 1*	Bemboka Lions Club letter requesting waiver of Section 64 Charges

Council	31 January 2018
*Item 12.3 - Attachment 2*	Procedure 4.07.5 Water Supply and Sewerage Section 64 Charges

Council	31 January 2018
*Item 14.1 - Attachment 1*	Investment Report November and December 2017

Council	31 January 2018
*Item 14.1 - Attachment 2*	TCorpIM Statement Bega Valley Shire Council - CAFT (1303) December 2017

Council	31 January 2018
*Item 14.1 - Attachment 3*	TCorpIM Funds Flash Report - Dec 2017

Council	31 January 2018
*Item 14.1 - Attachment 4*	TCorpIM Funds Monthly Report - November 2017

Council	31 January 2018
*Item 14.1 - Attachment 5*	Investment Stewardship Policy

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

Recommendation

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

6.1. E-Zones

Motion

Background

Attachments

Council

31 January 2018

Staff Reports – Economic Develoment and Business Growth

31 January 2018

11.1. Outcomes from the Tourism Industry Liaison Group (TILG)

Officers Recommendation

Attachments

Council

31 January 2018

Staff Reports – Infrastructure Waste And Water

31 January 2018

Council

31 January 2018

Staff Reports – Governance And Strategy

31 January 2018

Staff Reports – Finance

31 January 2018