Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 8 August 2018 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Mr Anthony Basford

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments  if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

·      Is it consistent with Government policy, Council’s objectives and Code of Conduct?

·      What will the outcome be for you, your colleagues, the Council, anyone else?

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

·      Can the decision be justified in terms of public interest?

·      Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

·         Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

·         Is it likely I could be influenced by personal interest in carrying out my public duty?

·         Would a fair and reasonable person believe I could be so influenced?

·         Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

·         Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st       Do I have private interests affected by a matter I am officially involved in?

2nd     Is my official role one of influence or perceived influence over the matter?

3rd      Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice     

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

 

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting. 

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified.  Declarations are made at Item 3 of the Agenda: Declarations -  Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

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

 

NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


Council

8 August 2018

 

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

Recommendation

That the Minutes of the Ordinary Meeting held on 27 June 2018 as circulated, be taken as read and confirmed.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.  Declarations also to be prior to discussion on each item.

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Adjournment to Standing Committees

There are no reports to Standing Committees.

9       Staff Reports – Planning and Environment

 

9.1                Proposed Establishment - Alcohol Free Zone Bega Commercial Centre................................. 9

9.2                Proposed application to re-establish Alcohol Free Zone Merimbula Central Busines District         12

9.3                Proposed temporary helipad  ..................................................................................................... 15

9.4                Biosecurity/Weed Management Plan Public Exhibition Summary of Submissions............. 16

10     Staff Reports – Community, Culture and Leisure

 

10.1              Proposed divestment of land to Quaama Men's Shed Incorporated.................................... 48

10.2              Twyford Hall Incorporated Request to have Financial Support Withdrawn......................... 52

10.3              Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim.. 54

10.4              Council Owned Property options to suit youth refuge accommodation.............................. 59

11   Staff Reports –Economic Development and Business Growth

 

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

 

12.1              Bega Valley Local Traffic Committee........................................................................................... 66

12.2              Bega Valley Local Traffic Committee........................................................................................... 73

12.3              Community Project Proposals...................................................................................................... 74

13   Staff Reports – Governance and Strategy

 

13.1              Canberra Region Joint Organisation establishment.................................................................. 82

13.2              Local Government NSW Annual Conference 2018................................................................ 135

14     Staff Reports – Finance

 

14.1              Investment Report as at 30 June 2018..................................................................................... 147

14.2              Aldi request for Section 94 Financial Offsets ......................................................................... 158

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

 

16     Councillor Reports

16.1              Country Mayors Association Meeting 1 June 2018................................................................ 162

16.2              The 2018 Australian Local Government Association National General Assembly............ 166

 

17     Rescission/alteration Motions

 

18     Notices of Motion

 

19     Questions On Notice

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public......................... 185

              

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  

 


Council

8 August 2018

 

 

Staff Reports –Planning And Environment

 

8 August 2018

  

9.1              Proposed Establishment - Alcohol Free Zone Bega Commercial Centre............. 9

9.2              Proposed application to re-establish Alcohol Free Zone Merimbula Central Busines District  12

9.3              Proposed temporary helipad  ............................................................................. 15

9.4              Biosecurity/Weed Management Plan Public Exhibition Summary of Submissions 16


Council 8 August 2018

Item 9.1

 

9.1Proposed Establishment - Alcohol Free Zone Bega Commercial Centre     

 

Bega Police and Bega Valley Shire Liquor Accord have applied to Council to establish an Alcohol Free Zone (AFZ) within the Bega Central Business District.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

That Council establish an Alcohol Free Zone (AFZ) within the Bega Central Business District covering the following areas:

·    Carp Street; between Peden Street to the West and Canning Street to the East;

·    Gipps Street; between Bega Street and Zingel Place;

·    Auckland Street; between Bega Street and Upper Street;

·    Church Street and Ayres Place; and

·    Littleton Gardens.

 

Executive Summary

Following a request from NSW Police and the Bega Valley Shire Liquor Accord, Council exhibited an application for the establishment of an Alcohol Free Zone (AFZ) in the Bega Commercial Centre. Two submissions were received during the exhibition period, both in support of the application. Officers are recommending establishing the AFZ.

Background

At the ordinary Council Meeting of 13 December 2017, Council resolved to place on public exhibition an application from the NSW Police Force to re-establish an AFZ in Bega for a period of four years.

The AFZ for Bega Commercial Centre proposal was placed on public exhibition and members of the public were invited to respond from 16 Feb 2018 to 16 March 2018.

The proposed AFZ includes – Carp Street; between Peden Street to the West and Canning Street to the East, Gipps Street; between Bega Street and Zingel Place, Auckland Street, Church Street and Ayres Place and Littleton Gardens. If adopted, the AFZ would be in place for a four year period.

The proposal would require the installation of signs at strategic locations around the boundaries of the AFZ area. There is no implication for public land use by licenced premises within the area.

Options

Council has the following options:

1.    Accept the application as presented;

2.    Not accept the application; or

3.    Modify the application presented. It should be noted that if the AFZ is modified, a further public exhibition period would be required.

Community Engagement

Consultation undertaken

In accordance with the provisions of the Ministerial Guidelines for AFZ’s, the proposal was placed on public exhibition on Council's website with feedback invited. A public notice was placed in the Bega District News directing the public who wished to comment, to the website for the period between 16 February 2018 and 16 March 2018.

Feedback

Two submissions were received in relation to the AFZ:

·    A member of the public (name provided), who emailed his support for the proposal; and

·    Bega Traffic and Highway Command, Leading Senior Constable Brad Shoveller; requesting clarification of the AFZ, and that signage is erected to assist Police in their enforcement, as they are unable to move people who consuming alcohol along (particularly from Littleton Gardens) as the current AFZ is not enforceable.

Financial and resource considerations

The introduction of an AFZ would require the erection of approximately six (6) to eight (8) galvanised poles with aluminium signs affixed, at appropriate locations, at a cost of approximately $1000.00.

Funding source

 

Amount

From existing budget allocations.

$

1000

Legal /Policy

If resolved by Council, the AFZ would be made in accordance with s.644B of the Local Government Act 1993 and the Ministerial Guidelines on AFZ.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2017 2021 - Outcome 4: Liveable Places. Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live

Risk

This application empowers Police to take action if drinking alcohol is taking place within the designated areas.  It mitigates risk of debris being left including broken glass in public places.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. AFZ has the potential to improve safety in these areas.

 

Attachments

1.          Map - Alcohol Free Zone Bega Central Business District

 


Council

8 August 2018

Item 9.1 - Attachment 1

Map - Alcohol Free Zone Bega Central Business District

 


Council 8 August 2018

Item 9.2

 

9.2Proposed application to re-establish Alcohol Free Zone Merimbula Central Busines District      

 

NSW Police have applied to Council to re-establish an Alcohol Free Zone within the Merimbula Central Business District.

 

Director Community, Environment and Planning   

 

 

Officers Recommendation

That Council re-establish an Alcohol Free Zone within the Merimbula Central Business District in the following areas:

·    Main Street and Merimbula Drive from Sapphire Coast Drive;

·    Park Street;

·    Kyeamba Street;

·    Wonga Street;

·    Monaro Street from Kyeamba Street east;

·    Market Street to the bridge;

·    Beach Street to Alice Street;

·    Alice Street; and

·    Cabarita Place.

 

Executive Summary

Following a request from NSW Police, Council exhibited an application for re-establishing an Alcohol Free Zone (AFZ) in the Merimbula Central Business District. No submissions were received during the exhibition period. Officers are recommending re-establishing the AFZ.

Background

At the Ordinary Meeting of Council on 21 November 2012, Council resolved to establish an AFZ in Market Street Merimbula for a period of four (4) years. That application was made by Merimbula Police and expired on 21 November 2016. NSW Police have made a new application to re-establish an AFZ for a further four (4) year period.

The current AFZ includes Main Street and Merimbula Drive from Sapphire Coast Drive; Park Street; Kyeamba Street; Wonga Street; Monaro Street from Kyeamba Street east; Market Street to the bridge; Beach Street to Alice Street; Alice Street and; Cabarita Place. The AFZ includes all public car parking areas within these locations.

The proposal to re-establish the AFZ was placed on public exhibition and members of the public were invited to respond from 20 February 2018 to 20 March 2018.

The proposal would require the existing signs around the perimeter of the AFZ area be updated to reflect the new dates for the AFZ.

Options

Council has the following options:

1.    Accept the application as presented;

2.    Not accept the application; or

3.    Modify the application presented. It should be noted that if the AFZ is modified, a further public exhibition period would be required.

Community Engagement

Consultation undertaken

In accordance with the provisions of the Ministerial Guidelines for AFZ’s, the proposal was placed on public exhibition on Council's Website with feedback invited. A public notice was placed in the Merimbula News Weekly directing the public who wished to comment, to the website for the period between 20 February 2018 and 20 March 2018. No feedback was received during this period.

Financial and resource considerations

Signage designating the Merimbula CBD to be an AFZ is currently in place, and apart from a date change, would be minimal cost to Council. There is no implication for public land use by licenced premises within the area.

Funding source

 

Amount

From existing budget allocations

$

500

Legal /Policy

If resolved by Council, the AFZ would be made in accordance with s.644B of the Local Government Act 1993 and the Ministerial Guidelines on AFZ.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2017 2021 - Outcome 4: Liveable Places. Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live

Risk

This application empowers Police to take action if drinking alcohol is taking place within the designated areas.  It mitigates risk of debris being left including broken glass in public places.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. AFZ has the potential to improve safety in these areas.

Attachments

1.          Map - Alcohol Free Zone Merimbula Central Business District

 


Council

8 August 2018

Item 9.2 - Attachment 1

Map - Alcohol Free Zone Merimbula Central Business District

 


Council 8 August 2018

Item 9.3

 

9.3. DA No. 2017.348: Proposed temporary helipad          

 

Director Community, Environment and Planning Anthony Basford  

 

Applicant

Blueprint Planning

Owner

D M and A M Smith

Site

Lot 153 DP 750190 -  284 Vimy Ridge Road, Chinnock

Zone

Part E2 Environmental Conservation Zone and Part E3 Environmental Management Zone

Site area

19.2 hectares

Proposed development

Temporary private helipad

Precis

The Application for the establishment of a private helipad to be used on a temporary basis in association with the residential occupation of the land has been formally withdrawn by the applicant.

 

Officers Recommendation

That Council note that the Application for the establishment and operation of a temporary private helipad on Lot 153 DP 750190 – 284 Vimy Ridge Road, Chinnock has been formally withdrawn by the applicant.

 

Executive Summary

Council at its meeting held on 23 May 2018 gave consideration to a Council officer report for the establishment of a private helipad at 234 Vimy Ridge Road, Chinnock and resolved the following;

‘That the application be deferred for further clarification around noise testing and advice regarding similar Court Case’

On 4 June 2018 Council received written advice from the applicant, Blueprint Planning, that the proponent, Mr Smith, no longer wished to proceed and withdrew the application.

Summation

Council note that the application for the establishment of a temporary helipad at 284 Vimy Ridge Road, Chinnock has been withdrawn.

Attachments

Nil

 


Council 8 August 2018

Item 9.4

 

9.4Biosecurity/Weed Management Plan Public Exhibition Summary of Submissions     

 

At the 1 May 2018 meeting, Council resolved to place on public exhibition the Biosecurity/Weed Management Plan and receive a further report if submissions from the public were received. 

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

That Council adopt the principles and priorities identified within the South East Strategic Weed Management Plan and further prioritises actions through 8 local management programs within the Bega Valley Shire Local Weed Management Program.

Executive Summary

Following exhibition of the draft Bega Valley Shire Local Weed Management Program, two submissions were received. Whilst the submissions raised issues, these were not material to the draft Plan and as such no changes have been made to the Plan. The draft Plan is presented to Council for adoption.

Background

At the Ordinary Meeting of Council on 1 May 2018, Council resolved:

1.    That the report be noted.

2.   That Council adopts the principles and priorities identified within the South East          Strategic Weeds Management Plan and further prioritises actions through 8 local     management programs listed below based on local risk, impact and feasibility of       control:

        - Serrated Tussock (Nasella trichotoma)

        - African Love Grass (Eragrostis curvula)

        - St John’s Wort (Hypericum perforatum)

        - Gorse (Ulex europaeus)

        - Chilean Needle Grass (Nasella neesiana)

        - Crofton Weed (Ageratina adenophora)

        - Sagittaria (Sagittaria platyphylla

        - Blackberry (Rubus fruiticosus spp aggregrate, excluding listed cultivars)

3.    That Council place the draft Local Weed Management Plan on public exhibition for a              period
       of no less than 28 days.

4.    That if no submissions are received following the public exhibition period the Local Weed
       Management Plan will be considered finalised. A further report will be presented to Council
       if public submissions are received.

5.    That Bega Valley Shire Council write to the Minister for Primary Industries, The Hon Niall
       Blair, to seek funding for significant agricultural land for weed eradication, reduction and
       management.

As two submissions were received, this report addresses item 4 above and provides a recommendation for Council. No changes have been made to the Plan.

Options

Council has two options, to either adopt the Plan as presented or advise on changes it would like to see. Council officers recommend the Plan is adopted as presented, as it addresses the requirements of the Act and seeks to support local land owners with weed control.

Community Engagement

Consultation undertaken

Two submissions were received during the exhibition period.

The first submission requested the inclusion of Pittosporum Undulatum in the Local Control program plan for controls.

·    Pittosporum is an Australian native species and unlike other areas along the eastern seaboard it is not classed as a weed in our Shire.

·    Pittosporum could not be included as it would be classed as “not reasonably practicable” to control as per the Biosecurity Act 2015 (the Act) (sec 16) because of its large occurrence in the area.

·    Pittosporum Undulatum is not identified in the South East Strategic Weed Management Plan.

The second submission received was in regard to general work practices of Council’s biosecurity department and did not relate to the Local Weed Management Control Program, but did ask why Fireweed wasn’t included in the Plan.

·    Fireweed is listed and covered in the South East Regional Strategic Weed Management Plan.

Financial and resource considerations

The NSW State Government’s Weeds Action Program financially contributes to Council’s weeds inspection activities. The changes to the legislation do not affect the budget requirements for Council’s inspection and control activities.

Legal /Policy

The Weed Control Programs are a function of the Act, and will complement the NSW Invasive Species Plan 2015-22, and the South East Regional Strategic Weed Management Plan 2017-22.

Once endorsed Council, the Weed Control Programs will enact section 371 (1) (b) of the Act, and become legal documents that landholders must abide by in order to meet their general biosecurity duty. There are penalties that apply to persons who do not meet their general biosecurity duty. In the event an owner does not meet their general biosecurity duty, Council can also organise for the work to be undertaken and recover the costs.

Biosecurity Officers are appointed as Authorised Officers under the Act by their Local Control Authority, delegated by the Secretary of the Department of Primary Industries.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Delivery Plan (DP) 2017-2021 action is to develop and deliver biosecurity initiatives that protect our agricultural lands and protect and enhance our natural systems by:-

·    Reviewing and integrating Council’s vegetation and biosecurity management activities to ensure compliance with the Act and Biodiversity Conservation Act 2016 requirements; and

·    Contributing to agency and community partnerships through involvement with the South East Regional Weeds Committee.

Environmental / Sustainability

Council’s responsibilities for the enforcement of the control of biosecurity matter (weeds) are crucial to ensuring these weeds are not impacting upon the natural environment of the Shire. New and emerging weeds along with garden escapees have a negative impact on native flora and fauna and may cause further issues on agricultural lands.

Weeds are acknowledged as the second most serious cause of biodiversity decline after habitat loss from land clearing.

Economic

Weeds are costly to the Australian, and particularly in agricultural, settings. Weeds reduce farm and forest productivity, they invade crops, smother pastures and in some cases can harm livestock. They aggressively compete for water, nutrients and sunlight, resulting in reduced crop yield and poor crop quality. The costs of control are also significant with regards to purchase of chemical and diesel, and the time taken to spray weeds that could be more usefully spent maintaining pasture and animal health.

Risk

With the introduction of the Act it is important to maintain consistency and continuity of expectations and enforcement regarding weed control. The Weed Control Programs attached to this report will ensure Council is able to meet our community’s expectations, and reduce the threats to Council and community assets posed by weeds.

Social / Cultural

Weed Control Programs will enable Council to continue working with landholders to ensure high risk weeds are not impacting upon agriculture and landholder livelihood.

 

Attachments

1.          Draft Bega Valley Shire Council Weed Management Program 2018

 


Council

8 August 2018

Item 9.4 - Attachment 1

Draft Bega Valley Shire Council Weed Management Program 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


 

Staff Reports – Community, Culture and Leisure

 

8 August 2018

  

10.1            Proposed divestment of land to Quaama Men's Shed Incorporated.................. 48

10.2            Twyford Hall Incorporated Request to have Financial Support Withdrawn....... 52

10.3            Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim          54

10.4            Council Owned Property options to suit youth refuge accommodation............. 59


Council 8 August 2018

Item 10.1

 

10.1. Proposed divestment of land to Quaama Men's Shed Incorporated     

 

A formal request has been received from the Quaama Men’s Shed group for Council’s consideration to the transfer of ownership of Council owned operational land they currently licence at Bermaguee Street, Quaama.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated for the nominal sum of $1.00.

3.    That the General Manager and the Mayor be authorised to execute the necessary documentation to effect the above course of action.

4.    That all legal costs associated with this transaction be borne by Quaama Men’s Shed Incorporated.

5.    That Quaama Men’s Shed Incorporated be advised of Council’s decision.

 

Executive Summary

Quaama Men’s Shed Incorporated has requested the consideration of Council to formally divest of the old Rural Fire Service (RFS) shed and land they currently hold under licence at 20 Bermaguee Street, Quaama.  The request is in line with Council’s identified Divestment Strategy, with divestment removing this financial liability from Council.

Background

Quaama Men’s Shed Incorporated has operated their Men’s Shed facility from Council owned operational land at Bermaguee Street, Quaama since 2014.  Prior to the current licence agreement being entered into, Council carried out a public Expression of Interest (EOI) process for the use of all old RFS sheds throughout the Shire with the results of the EOI being presented to Council on 12 June 2013.  At that meeting, Council resolved to enter into a five year licence agreement with the Quaama Men’s Shed group to occupy the old Quaama fire shed site.  The current licence agreement is due for renewal on 30 June 2019; however they have sought ownership of the land from Council to allow them to progress further grant funding opportunities and to further develop the site.

Over the past few years the group have made significant capital investment at the site in the form of the installation of a septic sewerage system including the addition of a site toilet. The building has been rewired with three phase power.  The group has recently received grant funding to carry out further work to the building and a Development Application (DA) to add a further 113m2 of workspace including a disabled toilet facility has been approved.

A report was presented to Council on 13 December 2017 identifying the need to develop a divestment strategy to improve our asset management approaches.  It was recommended in that report Council hold discussions with the Quaama Men’s Shed group regarding the possible divestment of the asset from Council’s Asset Register. 

The group provides an important social activity for members of the local community by providing men the opportunity to come together and discuss issues relating to their life such as health and work.  In addition, the group intends to apply for nomination as a Neighbourhood Safer Place for the community of Quaama.

Options

The options available to Council are:

1.    Divestment of the asset to Quaama Men’s Shed Incorporated for a nominal value on the basis they have occupied the site for the past 4 years and have made substantial capital investment on the land over that time; or

2.    Divestment of the asset to Quaama Men’s Shed Incorporated for the Valuer General’s land valuation amount of $61,600 (plus GST) or at current market value as determined by an independent valuer, with the proceeds from the sale to be reinvested into other property projects identified by Council; or

3.    Retain ownership of the land and continue with the current licence arrangement which does not expire until 30 June 2019.

Community Engagement

Consultation undertaken

Council officers have met with members of the group to discuss the options available in order for them to take over ownership of the site occupied. The group confirmed at that meeting they were not currently in a financial position to purchase the land from Council; however have requested Council consider transferring the site to them for a nominal sum.

Financial and resource considerations

The recent Valuer General’s (VG) land valuation for the land at Bermaguee Street, Quaama provides a total land value of $61,600.  If required, a more detailed valuation of Lot 10 Section 10 DP 758860 could be obtained from an independent valuer.

If Council were to resolve to sell the site to Quaama Men’s Shed Incorporated rather than transfer the asset for nominal consideration, it could achieve a minimum sale price of $61,600 to reinvest into other projects.

Council receive $540.10 per annum for the licence of the site and the current replacement cost is recorded on Council’s building asset register at $37,533, divestment of the asset would remove this financial liability to Council.

If the land is retained by Council, Property Officers will be required to manage the terms of the current licence and the financial Council's liability for the shed would be retained.

Legal /Policy

Under the Local Government Act 1993 (NSW), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land.  Section 377(1)(h) of the Local Government Act 1993 (NSW) requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council.  The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The old RFS shed and land is owned by Bega Valley Shire Council as Operational Land and is included on Council’s Shire Property Register.  It has a zoning of RU5 Village under Council’s Local Environmental Plan.

Risk

There are no adverse risks in allowing the building to continue to be occupied by the current tenant as long as the use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

 

Attachments

1.          Divestment request letter from Quaama Men's Shed Inc.

 


Council

8 August 2018

Item 10.1 - Attachment 1

Divestment request letter from Quaama Men's Shed Inc.

 


Council 8 August 2018

Item 10.2

 

10.2. Twyford Hall Incorporated Request to have Financial Support Withdrawn     

 

The purpose of this report is to inform Council that Twyford Hall Inc. have withdrawn their previous request relating to funding assistance from Council to advance the Theatre Twyford proposal.

 

Director Community, Environment and Planning  

 

Officers Recommendation

That Council note the Theatre Twyford Incorporated's withdrawal of their request for financial support.

 

Executive Summary

The State Government has granted Theatre Twyford Incorporated's (THI) $7.4m in funding to complete development of Theatre Twyford. This has effectively rescinded the need for THI to seek further funding from Council.  THI have accordingly withdrawn their original request for assistance.

Background

On 11 April 2018 Council was informed of separate requests made to the Mayor by Spectrum Theatre and THI to provide $20,000 financial support towards the cost of professional services costed at $40,000. Spectrum Theatre offered to match the funding request, providing the additional $20,000. This request was made to assist THI continue to seek Round Two National Stronger Regions Fund Regional Grant funding to build Theatre Twyford.

Council unanimously resolved that:

“The matter be deferred to receive a report from staff on the budget source for the one off contribution of funding to Twyford Hall Inc.”

By securing the necessary State funding to finance construction of the Theatre Twyford development in full, the purpose of the original funding request to Council is now obsolete.

Community Engagement

Council consideration of input

Council had formally considered proposals relating to the development of Twyford Hall at the following Ordinary Council Meetings;

16 August 2107 – 10.1 Theatre Twyford Project Request for Support

11 October 2017 – 10.2 Twyford Hall Future Management

11 March 2018 – 10.3 Twyford Hall Incorporated Request for Financial Assistance

 

Attachments

1.          Withdraw request for support 29 May 18

 


Council

8 August 2018

Item 10.2 - Attachment 1

Withdraw request for support 29 May 18

 


Council 8 August 2018

Item 10.3

 

10.3. Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim     

 

To provide Council with the opportunity to consider becoming a party to the application lodged by the South Coast People in the Federal Court for determination of Native Title in relation to land south of Sydney including the Bega Valley Shire Local Government area.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council make an application to become a party to Federal Court Application No NSD1331/2017 for a determination of Native Title lodged by the South Coast People; and

3.    That Council authorise the General Manager to sign any documentation necessary to give effect to the Resolution.

 

Executive Summary

Council has until 29 August 2018 to notify the Federal Court as to whether or not it wishes to be party to the South Coast People Claim Federal Court Application No – NSD1331/2107. The claim covers almost every Crown Reserve land holding within the Bega Valley Shire Local Government Area.

As community custodian for Crown Lands, and in many cases, built asset improvements on these lands, Council manages the community’s interests on how its resources are to be optimised to yield social, cultural, environmental and economic benefits to strengthen community well-being. The South Coast People claim has the potential to substantially disrupt the way these assets are currently utilised by the community now and into the future.

Being party to the claim is the only avenue in which Council can represent the community’s interests in the course of the High Court’s endeavour to make a determination.

Background

An application seeking determination of Native Title across the claim area, being 16,808 sq km, extending south from Sydney to Eden, along the south coast of NSW (refer to Attachment 1) was lodged by the South Coast People on the 3 August 2017. The Native Title Registrar accepted the application for registration on the 31 January 2018.

The rights and interests claimed are in two parts:

1.    Where exclusive Native Title can be recognised, the South Coast People claim the right to possession, occupation, use and enjoyment of the land and waters within the claim area to the exclusion of all others, subject to valid laws of the Commonwealth and the State of NSW; or

2.    Where exclusive Native Title cannot be recognised, non-exclusive rights and interests to conduct the following activities:

· The right to access, to remain in and to use the land and waters for any purpose;

· The right to access and take resources from the land and waters for any purpose;

· The right to maintain and protect places and objects of significance;

· The right to be accompanied onto those areas by persons who, though not native title holders, are:

Ø Spouses, partners or parents of Native Title holders, together with their children, grandchilden, great grandchildren and their descendents;

Ø People required under traditional laws and customs for the performance of cultural activities, practices or ceremonies;

Ø People requested by Native Title holders to assist in, observe or record cultural activities, practices or ceremonies.

Definition of Native Title

Native Title is defined in the Native Title Act 1993 (Cth) (the Act) as the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters. These rights and interests must be possessed under the traditional laws acknowledged, and the traditional customs observed, by those indigenous peoples.

What land is claimable

Land that is claimable under the Act includes: vacant Crown land; National Parks; State Forests; Crown Reserves; indigenous freehold; some types of non-exclusive leases; land covered by permissive occupancies and licences; inland waters; and the sea.

What land is excluded from the South Coast People claim

The area covered by the South Coast People application excludes:

·    land and waters covered by past or present freehold title; or

·    previous valid exclusive possession acts (as defined by S23B of the Act – refer to Attacment 1); or

·    valid construction or establishment of any public work*, where the construction or establishment commenced on or before 23 December 1996; or

·    land where Native Title rights and interests have been otherwise extingished.

*A public work is defined under the Act as any of the following that is constructed or established by or on behalf of the Crown, any local government body or other statutory authority of the Crown in any of its capacities:

·    a building or other structure (including a memorial) that is a fixture;

·    a road, railway or bridge;

·    a well or bore, for obtaining water;

·    any major earth work; and

·    a building that is constructed with the authority of the Crown, other than on a lease.

Land under the management of Council subject to the South Coast People application

Council manages 450 parcels of Crown Land (approximately 1300ha).

The above numbers are inclusive of:

·    83 Crown Reserves under the trust management of Council;

·    50 Crown Reserves under Council’s care, control and management;

·    14 cemeteries;

·    some parcels relating to Crown roads

Becoming a Party to Federal Court proceedings

Given the above, under Section 66(3)(a) of the Act, Council has been provided notice of the application and registration which provides Council the opportunity to become a party to the Federal Court proceedings that will determine the Native Title claim.

If Council wishes to become a party to the proceedings it must apply to the Federal Court on or before the 29 August 2018, and request to become a party. This is achieved by lodging the Federal Court Form 5 (refer to Attachment 1). If a request is made after this date, Council would need to seek leave of the Federal Court for approval to do so.

It should be noted that all parties in proceedings before the Federal Court are required to act consistently with the Federal Court’s goal of resolving disputes according to law and as quickly, inexpensively and efficiently as possible. All parties have a responsibility to participate in the proceedings when required, to comply with Federal Court Orders affecting them and to maintain their knowledge of how a proceeding is progressing.

Following the submission of the Form 5, the Federal Court considers and decides on all applications to become a party.

If Council is not a party to the proceedings it cannot attend the initial case management Hearing or be part of the mediation process to seek agreement thereafter.

Information to be provided by Council in becoming a party to the Federal Court proceedings

Information required to be submitted by Council with the Form 5 application is a description of every Council interest and its location within the claim area and the manner in which that interest may be affected by a determination that Native Title exists. Given the time frame for lodgement of the application to become a party to the proceedings a desktop exercise will be undertaken to establish a spreadsheet of the information noted above.

Notwithstanding this, should either a dispute arise during mediation, or as part of presenting evidence to the Court, additional information may be submitted that proves events and activities occurring on the land under Council management is valid under the meaning of the Reserve purpose and such events and activities are wholly inconsistent with the rights, interests and existence of Native Title.

This would be an extensive exercise resulting in the creation of documentary evidence supporting a position that Native Title has been extinguished for many of the Reserves under Council management due to previous exclusive possessionary acts inclusive of events, activities and public works.

The Federal Court Process for a determination

A determination of Native Title is a decision by the Court about whether or not Native Title exists in relation to a particular area of land or waters.

If the Court decides that Native Title does exist it will also make decisions about:

·    who the people are who hold Native Title common or group rights;

·    what the nature and extent of the Native Title rights and interests are in relation to the area;

·    what the nature and extent of any other interests are in relation to the area;

·    what the relationship is between the Native Title rights and interests and other interests; and

·    whether the Native Title rights and interests allow the Native Title holders to possess, occupy, use and enjoy the land or waters to the exclusion of all others.

The Court can make a determination of Native Title when either:

·    agreement is reached following negotiation between the parties (in this case the South Coast People and Council and possibly others who are approved as parties to the application) for a determination of Native Title; or

·    parties are unable to reach agreement and the Court hears the evidence from each party and determines if Native Title exists.

Options

·    Adopt the recommendations.

Implications: Council will become a party to the Federal Court proceedings in the application for determination of Native Title across the Shoalhaven and the South Coast of New South Wales and provide information to the Court relating to Crown Land under Council management.

·    Not adopt the recommendation and resolve along the following lines:

“That Council not make application to become a party to Federal Court Application No NSD1331/2017 for a determination of Native Title lodged by the South Coast People”

Implications: The Federal Court will make determinations regarding Native Title with no input from Council.

Community Engagement

Consultation undertaken

No community consultation has been undertaken as it is evident the impact to the community in undertaking activities on Crown Land has the potential to be significantly impacted in the event of a successful claimant determination.

Consultation Planned

Nil

Council consideration of input

This is the first instance Council has been informed of the South Coast People Claim. Council will be regularly updated on future developments as they transpire.

Financial and resource considerations

There will be financial implications for Council in becoming a party to the Federal Court proceeding through potential legal representation. In addition Council officers time in administrating legal representation may also likely incur costs. At this stage these potential costs are not possible to determine; however are likely to run into the thousands.

Depending on the outcome of the Court, there may be opportunities for Native Title holders to claim compensation. In such cases, which at this point are unknown, Native Title holders have the right to apply to the Federal Court for a determination of compensation.

In addition to the potential financial impacts previously listed in the Financial and Resource consideration section, Council annually receives approximately $85,000 in leasehold revenue. As part of Crown Lands Act requirements, this funding is reinvested back into maintaining Crown Land Assets. As such, the higher yielding Crown Land assets are more exposed in the event a Native Title determination claim is successful and compensation is sought. Such compensation, if awarded, will impact on Council’s ability to maintain service levels across its Crown Lands portfolio.

Funding source

 

Amount

Unfunded

$

Unknown

Legal /Policy

The Native Title Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 1 – Active and Healthy Communities - Goal 12;

        Our Council is financially sustainable and services and facilities meet community need.

Risk

Council is exposed to substantial risks relating to the way it maintains its Crown Land assets and the way it provides services and activities to the community. A successful Native Title Claim will expose Council to having to compensate claimants by determination of the High Court or arbitrated settlement through both asset transfer and financial compensation terms.

A successful negotiated or determination settlement for compensation may impose an additional layer of Native Title governance control over the way some community assets are managed on Crown Land, which may have a negative impact on the delivery of some community services and associated organisations.

 

Attachments

1.          Claimant Application - South Coast People Federal Court Application No - NSD 1331-2017 (Councillor Only)

 


Council 8 August 2018

Item 10.4

 

10.4. Council Owned Property options to suit youth refuge accommodation     

 

Following a Resolution by Council, officers have identified two existing Council owned properties that may hold potential to be converted to youth refuge accommodation by prospective service agency partners.

 

Director Community, Environment and Planning   

 

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council invite interested and capable housing service providers to evaluate the potential of the following properties in view of establishing a partnership proposal which aims to convert one or more of the properties to function as youth refuge accommodation:

a.  The Old CBC Building; Lot 2 DP 782452; Auckland Street, Bega.

b. The Tura Marrang Library Residence Building; Lot 158 DP 11440729; Corner Tura Beach Drive and Golf Circuit, Tura Beach.

3.    That Council also offer land parcels suitable for youth refuge development as project proposals. These land parcel offerings could potentially include one or more of the following;

a.  Pambula Beach Drainage Reserve; Lot 60 DP 224960; 71 Culgoa Crescent, Pambula Beach (approximate value $300 - $400k).

b. Pambula Beach Drainage Reserve; Lot 67 DP 224950; 60 Pambula Beach Road, Pambula Beach (approximate value $300 - $400k).

c.  Glen Mia Estate; Lot 314 DP1078628; 28 Howard Avenue, Bega (approximate value $100 - $120k).

d. Taronga Crescent, Bega; Lot 13 DP 813625; Taronga Crescent, Bega (approximate value in excess of $800k).

4.    That Council’s terms for evaluating the business case of any future youth refuge accommodation proposal is based on the goal of yielding both economic and social benefits for the community.

 

Executive Summary

Council owns two properties which may be possible to convert into youth refuge accommodation; however each of the properties are significantly impacted by a number of short-comings which would need to be remediated. The costs to overcome these short-comings would have to be covered by any prospective operators who would choose to partner with Council. Further to the costs of remediating these deficiencies, other considerations concerning building typology and location suitability have to be considered. These aspects impact on the potential viability of each of the above options.

In the case of the Tura Marrang Residence Building for instance, the opportunity cost of alternative use proposals arguably reduces the attractiveness of converting the facility into a youth refuge for both commercial and operational reasons.

Without the intrinsic knowledge to adequately validate the business-case merits of converting property to become youth refuge accommodation, the most effective way for Council to validate viability is to test the market value of each property option by inviting proposals from suitably skilled organisations.

For Council to contribute towards improving the local community’s capacity to provide youth refuge services, Council has the option to either:

1.    Invite organisations to develop a proposal to partner with Council to convert and operate one of the property options to function as a youth refuge.

2.    To expand the above scope to also include green-field land parcels owned by Council where organisations would also be invited to evaluate and develop a new-build youth refuge facility.

Note: For further details on the above land parcels and properties please refer to attachment 1 to the report to Council 8 August 2018: Council Owned Property options to suit youth refuge accommodation

Background

This report was developed in response to a Notice of Motion moved by Cr’s Griff and Seckold ’18.2, Cr Cathy Griff – Building suitable for youth refuge’, June 2018;

1.    That Council staff bring forward a report to Council outlining properties that could be identified as part of Council’s divestment strategy that have the potential to be converted to a youth refuge.

2.    That Council delay the public affordable housing roundtable meeting to a date following the report on Council’s divestment strategy.

As outlined in the report, on May 2018, Council hosted an Affordable Housing Roundtable to discuss and develop actions to identify ways where it can assist with the youth accommodation problem.

A further Roundtable will be scheduled after Council’s Divestment Strategy has been recommended and resolved by Council. Among the many diverse areas that were reviewed under the affordable housing umbrella, a youth refuge was identified as a key need in our Shire.

South East Women and Childrens Service (SEWACS), has advised in discussions with Council officers that their organisation has around 20 young people on their books in need of emergency housing, and has been in the process of developing a proposal which features five self-contained motel-like units to accommodate young people aged between 17 to 24 years. To activate the proposal further support from other accommodation providers and assistance from Council has been sought.

Council’s role in the project at the current stage has been to explore the opportunity to provide either land for development or properties for youth refuge accommodation conversion with potential accommodation partners at favourable terms for both parties.

Options

In view of the significant deficiencies inherent to the property options proposed in Recommendation 1 as outlined in the risk section of this report, Council may alternatively elect to;

1.    Not to proceed with inviting organisations to submit proposals for Council properties recommended as offering potential for youth refuge conversion.

Community Engagement

Consultation undertaken

The following organisations have been consulted in view of becoming potential partners;

·    Sapphire Coast Tenancy Scheme

·    South East Youth Accommodation Service

Consultation Planned

If viable proposals are received and granted approval to proceed, a risk assessment process will be developed inclusive of a communications and consultation strategy.

Council consideration of input

Workshops:

Affordable Housing Roundtable, 15 May 2018

Council Ordinary Reports;

10.3, Council land for social and affordable housing initiatives, 01 May 2017

16.1 Affordable Housing Roundtable Outcomes, 13 June 2018

Notice of motion;

18.1, Cr Cathy Griff – Affordable Housing in the Bega Valley, 13 December 2017

18.2, Cr Cathy Griff – Building Suitable for Youth Refuge, 28 June 2018

Financial and resource considerations

The value of the land or property exchange offering to Council would be offset by sale or leasehold income, and this will vary according to the option selected and the market value of the asset. Additionally, as delivery of the project will be outsourced to project partners, Council’s administration staffing costs are likely to be minimal.

Funding source

 

Amount

Opportunity-cost of land or property offering

$

Varied but potentially offset by rental or sale income

Staff administration of approximately 60 hours

 

$2600

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 1: Active and Healthy Communities

Goal 1: We are cooperative, caring and enjoy a culturally rich community life

Outcome 4: Liveable Place

Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Risk

Council owned property options for youth refuge conversion by invitation

There are numerous constraints that need to be considered and solutions need to be developed to ensure that each of the following Council-owned property assets can be successfully converted to function as fit-for-purpose youth refuge facilities.

Note: For details of the following properties refer to attachment 1.

The old CBC Building

Constraints to its proposed use as a youth refuge facility are:

The site is Council Managed Crown Land;

1.    Proximity to the Bega Valley Public School – the building is located within the school grounds.  In leasing the building 6 six years ago to a community transport organisation, each of the volunteers were required to have a working with children check completed due to the facility’s proximity to the school grounds. This may prove to be a problem for applicants and visitors if the facility was to be converted to become a youth refuge;

2.    The building is listed on both the Local and State Heritage registers and therefore all works need the approval of the NSW Office of Heritage. Significant costs to ensure the building’s heritage values are maintained in a future conversion would be likely;

3.    The building does not meet current Building Code of Australia (BCA) standards and requires quite a lot of work to make it compliant.  Alterations to the internal stairwell are required and a quotation obtained 5 years ago for those works only was in the order of $75,000;

4.    The size of the Lot the building is located on is only 162m2 (the footprint of the building only) and the site has no provision for any onsite or off-street car parking;

5.    The Crown reservation is for ‘community purposes’ so confirmation from Crown Lands is needed as to whether the proposed use would be consistent with its reserve purpose;

The Tura Marrang Library Residence Building

Constraints to its proposed use as a youth refuge facility are:

This site is Council owned ‘operational’ land;

1.    The Building would need some internal alterations to enable it to be used again for residential purposes;

2.    It’s likely there would be some objections from adjoining and adjacent landowners to the proposal due to the facility’s proposed usage as a youth refuge being seen as being incompatible with the usage of neighbouring facilities.

3.    The opportunity cost benefit value of the building needs to be considered in context to its economic value as an asset which can potentially be liquidated for a higher return.

Council owned land parcels for youth refuge facility development by invitation

The advantages and disadvantages of proceeding with any of the youth refuge development options on Council owned land each share common characteristics, keeping in mind the weighting values for each option vary. Further assessment by prospective organisations is needed to ground-truth the risks and potential of each land parcel option in further detail to help clarify their potential. The advantages and disadvantages typically inherent to the land parcel options identified are:

Advantages

·    The opportunity to assist vulnerable youths.

·    Potentially removes asset from Council’s depreciation schedule.

 

Disadvantages

·    The proximity to services for each land parcel is limited.

·    The potential for land-use conflicts with neighbouring users is likely.

·    The resources committed to provide partnership support could be better used on other projects.

·    The opportunity to yield a fair-market return will be impacted as the proposed use of the venture does not reflect commercial potential.

 

Attachments

1.          Attachment 1 - Council owned land parcels and Properties for youth refuge accommodation (Councillor Only)

  

 


Council

8 August 2018

 

 

Staff Reports – Infrastructure Waste And Water

 

8 August 2018

  

12.1            Bega Valley Local Traffic Committee................................................................. 66

12.2            Bega Valley Local Traffic Committee................................................................. 73

12.3            Community Project Proposals............................................................................. 74


Council 8 August 2018

Item 12.1

 

12.1. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 6 June 2018.

 

Director Assets and Operations  

 

 

Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

186.SE.038      - Ride4Tathra - 30 September 2018

Recommendation

1.    That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 9am to 11am (rolling closures) on Sunday, 30 September 2018 for the Ride4Tathra event.

2.    That organizers of the Ride4Tathra engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto Bega-Tathra Road.

3.    That the proposed traffic arrangements for the Tathra-Bega Community Ride on 30 September 2018 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate Roads and Maritime Service (RMS) accreditation.

5.    That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.    That organisers have written Police approval prior to conducting the event.

186.RS.041 – Merimbula Drive & Monaro Street Intersection Layout

Recommendation

1.    Council approve the new signage plan for the intersection of Merimbula Drive and Monaro Street to include a “Keep Left” and “No Entry Signs”.

186.AP.042 – Accessible Car Park - Bega River Reserve

Recommendation

1.    Council approve the installation of an accessible car space at the Bega River Reserve car park.

 

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council.  Local Traffic Committees operate under delegation from NSW RMS who is responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

 

Attachments

1.          2018.06.06 Bega Valley Local Traffic Committee Meeting Minutes June 2018

 


Council

8 August 2018

Item 12.1 - Attachment 1

2018.06.06 Bega Valley Local Traffic Committee Meeting Minutes June 2018

 


 


 


 


 


Council 8 August 2018

Item 12.2

 

12.2. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held out of session on Friday 13 July 2018.

 

Director Assets and Operations  

 

 

Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

187.SE.044 - ReBoot in Bermagui – 29-30 Sept 2018

1.    That the proposed traffic arrangements for the ReBoot in Bermagui fun run on 29 September 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

2.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

3.    That organisers fully implement an approved Special Event Transport Management Plan.

4.    That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5.    That organisers have written Police approval prior to conducting the event.

6.    That the event achieves all conditions of Council’s Use of Public Land approval.

 

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council.  Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

 

Attachments

Nil

 


Council 8 August 2018

Item 12.3

 

12.3. Community Project Proposals     

 

This report provides a summary of community project proposals received between 6 March 2018 and 20 July 2018 for Council's information and consideration.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council note the report and attached Community Project Proposal summary.

2.    That the proposal for Canteen Improvements, George Griffin Memorial Oval is supported by Council with final project details to be approved by Council officers.

3.    That the proposal for Multi-purpose Sports Posts at Colombo Park, approved by Council officers is noted by Council. 

4.    That the proposal relating to Dickinson Oval Cricket Nets is supported by Bega Valley Shire Council (BVSC) and that the Bega valley Shire Council contribution is through planned maintenance with Council officers to develop appropriate project delivery conditions.

5.    That the proposal relating to Bermagui Skate Park Seating and Shelter is supported by BVSC and that up to $6000 as requested, as the BVSC contribution is allocated from the Parkland AMP renewals if required.

6.    That the proposal for the Merimbula Basketball/ Netball Courts and Clubhouse Upgrade is given in principle support to enable the applicant to progress with more detailed planning approvals and external funding applications with the BVSC contribution funded from sports facility asset renewals.

7.    That the proposal for Safety Lighting on the Tathra Walking Track is given in principle support by Council to enable the applicant to progress with more detailed planning approvals and external funding applications.

8.    That the proposal for a Marcus Shaw Memorial Seat at Dickinson Oval is supported by Council with final project details to be approved by Council officers.

9.    That the proposal for Cobargo Baskets and Bikes is given in principle support by Council to enable the applicant to progress with more detailed planning and external funding applications. 

 

Executive Summary

The community has an important role in helping BVSC identify and deliver new and/or improved community facilities. The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider a wide range of projects proposed by the community. These projects can range from minor asset renewal to major new works which have not been identified in Asset Management Plans or capital works programs. Council officers have reviewed the proposals and a summary and assessment sheet is attached. A hard copy of all proposals has been distributed to all Councillors.

Background

Council is ultimately responsible for all works on BVSC managed land including compliance, maintenance, upkeep and safety. Regardless of the project size, all works proposed for BVSC managed land need to be considered in the context of: funding; procurement; risk management; work health and safety; environmental considerations; approvals; compliance; and ongoing maintenance and renewal. It is also important to consider how the proposed projects can link and add value to other planned Council works, particularly in terms of the maintenance and replacement of existing assets.

An important part of the procedure involves reporting proposals to Council, particularly where projects are complex and/or will require resourcing and support from Council. Those proposals that are straight forward, not requesting funding from Council and/or are directly related to planned works are reviewed and approved by Council officers. This enables groups to proceed with their proposed works in a timely manner.

The level of information included in the proposal needs to be relevant to the scale and complexity of the project but at a minimum be sufficient to enable the merits and issues of proposal/s to be understood by officers and Councillors. Thorough proposals will clearly show the merit of the project, outline what is being requested, identifies potential issues and how they have been addressed. The initial assessment by Council officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

The Community Project Proposal Procedure and the Proposal Form is available on Council's website.

This report contains proposals received between 6 March 2018 and 20 July 2018. They are:

·   Canteen Improvements George Griffin Memorial Oval - Bega Devils Football Club

·   Multi- Purpose Sports Posts - Candelo Bemboka United Rugby League Football Club

·   Dickinson Oval Cricket nets - Bermagui Cricket Club

·   Skate Park Seating and Shelter - Bermagui Skate Park Association Inc.

·   Merimbula Basketball/ Netball Courts and Clubhouse Upgrade -Merimbula Basketball Netball Courts Users Group

·   Safety Lighting Tathra Walking Track - Lions Club of Tathra Inc.

·   Marcus Shaw Memorial Seat Dickinson Oval - Bermagui Breakers

·   Cobargo Baskets and Bikes – Cobargo Skate Club

Future proposals will continue to be presented on a quarterly basis to Council for consideration and resolution.

Attached is a summary and assessment of the Project Proposals received including comments and recommendations. The assessment provides a rating against the following project considerations:

·    Asset Renewal. Is it renewing an existing asset or an upgrade? Is the work linking to a required renewal from asset register?

·    Provision/Use/Value. Is the project relevant to current community needs? Will the facilities be well used? Will the community be getting good value? Is the opportunity cost to other projects and groups fair and acceptable?

·    Links to other plans and works. Are the works linked to adopted strategic plans, Facility Management Plans or asset renewals or planned maintenance programs?

·    Project Scale. How large is the project?

·    Project Approval Complexity. Will the project require Environmental and Heritage approvals? Cultural Heritage approvals? Crown land approvals? Council Development Application approval?

·    Requested BVSC Funding. Are funds requested from Council? Are related funds allocated in budgets for asset renewals or maintenance? Is there good value in the funding level requested?

·    Likely BVSC Involvement. Is labour or material required to assist the project? Are resources such as grant submission assistance required? Is direction required in the approvals processes?

·    Ongoing Operations. What will be the cost to Council to maintain the asset?

·    Risk management. What risks is Council exposed to? Are they acceptable?

Options

The challenge in considering project proposals, is to give them the consideration they deserve and to work out where they fit with other planned and programed works, particularly if the proposal requests a contribution from Council. 

Council has an option to fund all requests, however this will come at the expense of other required and planned asset renewal and capital works programs. 

Project management time is also an important consideration as promoting or adding a project to current workloads will have an effect on other planned and programed projects.

Realistically Council does not have the resources to fully meet all requests. An important benefit of the project proposal process is that Council can endorse and give in principle support which then better enables the applicant to develop their project and look to source external funding.

Community Engagement

In developing the Community Project Proposal Procedure, consultation was undertaken with - Council's Access Committee, the S355 Sportsground Committee and a workshop involving representatives of service organisations from across the Shire.

The Project Proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal. Some proposals will require further community consultation as the project develops.

Financial and resource considerations

·    The level of resourcing and contribution sought from Council is an important aspect for consideration. Council has not budgeted funds to support community project proposals; however some proposals may align with the BVSC maintenance programs, scheduled asset renewals or grant programs.

·    Council resources are limited and favouring any one project over another is likely to affect or defer the delivery of other planned and programed works. That is not to say a BVSC contribution is not possible. This is particularly the case where a project links to asset renewals and maintenance programs and the BVSC contribution represents ‘good value’. However this needs to be subject to funding being available.

·    Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. The first step is gaining Council support for works on Council managed land. This also helps to see the project scope is clear and complete, the resources identified are sufficient to complete the works. 

It is difficult for officers to support projects that will lead to over provision or over servicing, even if a funding contribution is not being requested from Council.Project costs and amounts requested from BVSC are included in the attached summary sheet.

Legal /Policy

Council’s Procedure 4.01.3 Community Project Proposals is published on the Council website.

Works on public land can trigger legislative requirements related to environment and heritage, access and building code compliance, planning and development approvals and in some instances approvals from the land owner or manager.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Operational / Asset Management Plan

Council’s annual Operational Plan is developed alongside a Resourcing Strategy which outlines how actions and activities will be financed, assets managed and services delivered.

Asset management capital works programs are primarily based on asset renewal (e.g. replacing existing aging assets). The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in capital works programs. Individually most projects have merit, reflect current community interests and deserve consideration. However Council needs to be aware that continuing to expand its asset inventory comes at a future cost in terms of both ongoing operations and future asset renewals. 

The project summary sheet comments identify if the project is a direct renewal of an existing asset, an upgrade of an existing asset or is developing a new asset. 

Environmental / Sustainability

The project proposal form triggers consideration of potential environmental and heritage issues and possible approvals or compliance that may be required.

Risk

A key aspect of the Community Project Proposal Procedure and process is aimed at mitigating risk. Examples of the risks that need consideration in relation to any project are:

·      The costs and considerations surrounding BVSC’s ongoing asset management/liability.

·     The costs and expectations associated with the ongoing operations, maintenance future renewal of any new asset.

·      Possible shortfalls in proposal cost estimates.

·      Potential expectations that BVSC will cover any potential project shortfalls.

Social / Cultural

The community has an important role in helping Council identify and deliver facility renewals and improvements. The proposals often reflect current community interest and can reflect changing needs, demographics and trends. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities.

 

Attachments

1.          Community Project Proposal Summary Sheet August 2018

 


Council

8 August 2018

Item 12.3 - Attachment 1

Community Project Proposal Summary Sheet August 2018

 

 

 


Council

8 August 2018

 

Staff Reports –  Governance And Strategy

 

8 August 2018

  

13.1            Canberra Region Joint Organisation establishment........................................... 82

13.2            Local Government NSW Annual Conference 2018........................................... 135


Council 8 August 2018

Item 13.1

 

13.1. Canberra Region Joint Organisation establishment     

 

The inaugural meeting of the Canberra Region Joint Organisation (CRJO) was held in Queanbeyan on Friday 29 June 2018.

 

General Manager  

 

 

Officers Recommendation

1.    That Council note the report.

2.    That Councillors provide feedback to the Mayor on the Canberra Region Joint Organisation Charter; the Code of Meeting Practice; and the Policy –Payment of Expenses and Provision of Facilities for circulation to the Joint Organisation for consideration.

3.    That Council note the December meeting of the Canberra Region Joint Organisation will be held in Bega.

 

Executive Summary

The CRJO has been operating for four years with Bega Valley Shire Council joining in 2016. Legislation to formally create Joint Organisations was passed in 2017 and 11 Joint Organisations were proclaimed on 11 May 2018. The first meeting of the CRJO was held in Queanbeyan on Friday 29 June to formally establish the new entity.

At its first meeting the new Board resolved to seek feedback on a range of governance documents from member Councils.

Background

In 2017 Parliament passed legislation to establish a network of joint organisations to help drive better planning, economic development and service delivery in regional NSW. 

Eighty councils in regional NSW are now members of the 13 joint organisations: Canberra Region; Central NSW; Far North West; Far South West; Hunter; Illawarra Shoalhaven; Mid North Coast; Namoi; New England; Northern Rivers; Orana; Riverina and Murray; and Riverina.

The new voluntary partnerships, involving 90 per cent of eligible councils, will benefit local communities across regional NSW by working across traditional council boundaries.

The NSW Government has allocated a total of $3.3million in seed funding for the network, with $300,000 for each joint organisation to help them become established.

The clear objective of joint organisations is to transform the way the NSW Government and local councils collaborate, plan, set priorities and deliver important projects on a regional scale.

The new regional bodies are a key mechanism through which the Government delivers funding and programs to regional NSW.

Each joint organisation comprises member councils, State agencies and other key stakeholders as determined by each joint organisation board.

The CRJO has been operating for four years with Bega Valley Shire Council joining in 2016. The CRJO was proclaimed on 11 May 2018.

Membership of the proclaimed CRJO is: Bega Valley Shire Council; Eurobodalla Shire Council; Goulbourn Mulwaree Council; Hilltops Council; Queanbeyan-Palerang Regional Council; Snowy Monaro Regional Council; Upper Lachlan Shire Council; Wingecarribee Shire Council; and Yass Valley Council.

The CRJO also has representation from the Premier's Department and Associate membership of: the ACT Government; Snowy Valleys Council; Wagga Wagga City Council; and East Gippsland Shire (in Victoria).

Considerable guidance material and support has been provided by the Office of Local Government and there are specific actions required by the new joint organisations at their first Board meeting.

The Board

At the first CRJO Board meeting the Deputy Premier addressed the members regarding the NSW Government’s direction for joint organisations and the role they will play in regional infrastructure policy and frameworks.

The Board elected its Chair and Deputy Chair with Cr Rowena Abbey, Mayor of Yass Valley being elected Chair and Cr Kristy McBain, Mayor Bega Valley Shire Council elected Deputy Chair.

Funding Deed

The Funding Deed for the State Government funding for the CRJO was accepted with authority to execute delegated to the Interim Executive Officer, Ms Gabrielle Cusack.

Recruitment

Following an externally managed recruitment process, the Board accepted the recommendation to appoint Mr David Rowe as the Chief Executive Director of the CRJO. Mr Rowe will formally commence duties in late July 2018. Mr Rowe is currently the General Manager at Yass Valley Council.

Ms Cusack has been appointed to the role of Director Strategy and Government Relations with the CRJO.

CRJO Charter

A draft Charter was considered by the Board with it being referred to the member Councils for a period of 42 days for feedback.

Staff Delegations

These were adopted.

General Managers' Advisory Committee Terms of Reference

These were adopted.

Policy – Payment of Expenses and Provision of Facilities

The Policy was considered by the Board with it being referred to the member Councils for a period of 42 days for feedback.

Code of Meeting Practice       

The Code was considered by the Board with it being referred to the member Councils for a period of 42 days for feedback.

Motion to Local Government NSW Conference

The Board considered a report from Goulbourn Mulwaree Council on their motion to the Local Government NSW (LGNSW) Conference in October 2018 and resolved to request that Councils consider supporting the Motion relating to Local Government Superannuation. The Motion is:

·          That Local Government NSW conference express its concerns to Local Government

Superannuation (LGS) at the continuous demand on all Councils for additional

contributions which often exceeds more than 1% of Councils general rate take beyond

the normal percentage on superable salary for the Defined Benefit Plan (DPB).

·          That Local Government Superannuation be requested to undertake an independent

audit on the investment strategy to give confidence to stakeholders that the returns on

superannuation funds are reasonable.

·          That Conference requests that Local Government Superannuation to cease the

additional contributions on the defined benefit plan as soon as the liabilities and the

asset are balanced at 100%

·          That Local Government NSW be requested to ensure that the Directors appointed to

the Local Government Superannuation Board of Directors are ‘skills based’ which relate to Finance, Superannuation investments and/or legal skills.

This Resolution has been included in the report on Council’s Motions to the LGNSW conference.

Other matters

The minutes are attached for information.

Meetings

The annual calendar of meetings for the Board was adopted. The December meeting will be held in the Bega Valley over the 6 and 7 of December.

Financial and resource considerations

The resolved membership fees for the Joint Organisation of $30,665 are accounted for in Council's budget. The CRJO Membership income from members and associate members is estimated at $340,006 with an additional $300,000 funding from the NSW State Government.

The CRJO also auspices a number of grant programs and is funded by State agencies to run programs and host projects which deliver outcomes to member Councils.

Legal /Policy

The Legislation to create joint organisations was passed by Parliament in 2017 and joint organisations with their membership were proclaimed on 11 May 2018.

This report considers a range of governance documents, currently in draft, which will guide the operation of the CRJO.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The joint organisation provides an excellent opportunity for Councils to work together and participate in the development of plans and projects aimed at providing efficiencies and outcomes for the member Councils. Importantly key State and Reginal plans now include feedback from the joint organisations as a key consultation partner.

Projects will also allow for sharing of resources minimising the impact on individual Councils. A current example is the development of a proposal to take advantage of the Environment Protection Authority (EPA) contaminated land management, Council Regional Capacity Building (CRCB) grant program.  Grants of up to $140,000 per year for three years are available for NSW Regional Organisations of Council.

CRJO is eligible to apply for funding to support two officers to provide support to member Councils for:

·      developing contaminated land policies, procedures and registers

·      reviewing existing contaminated land policies and procedures against the relevant legislation

·      conducting workshops on the legal obligations and technical aspects of contaminated land management

·      guiding and supporting planning officers on contaminated land issues

·      assisting with the handover to councils of Underground Petroleum Storage Systems (UPSS) regulation in August 2019

Individually this program would be a significant impost in the Councils but working cooperatively better outcomes can be achieved.

Infrastructure projects and planning, waste management, workforce planning, training and development items are examples where the collective input has the capacity to reduce impacts for Council.

 

Attachments

1.          CRJO Board Meeting Minutes 29 June 2018 update V1

2.          CRJO Draft Charter 29 June 2018

3.          CRJO Draft Meeting Code of Practice 29 June 2018

4.          CRJO Policy Payment of Expenses 29 June 2018

 


Council

8 August 2018

Item 13.1 - Attachment 1

CRJO Board Meeting Minutes 29 June 2018 update V1

 


 


 


 


 


 


 


 


 


Council

8 August 2018

Item 13.1 - Attachment 2

CRJO Draft Charter 29 June 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


Council

8 August 2018

Item 13.1 - Attachment 3

CRJO Draft Meeting Code of Practice 29 June 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

8 August 2018

Item 13.1 - Attachment 4

CRJO Policy Payment of Expenses 29 June 2018

 


 


 


 


Council 8 August 2018

Item 13.2

 

13.2. Local Government NSW Annual Conference 2018     

 

The Local Government NSW Annual Conference will be held at the Albury Entertainment Centre from Sunday 21 October 2016 until Tuesday 23 October 2018.

 

General Manager  

 

 

Officers Recommendation

1.    That Council endorse Crs (names to be inserted at the meeting), the Mayor and the General Manager to attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

2.    That Council identify and endorse the following Motions (insert) for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference to be uploaded by 26 August 2018 to the LGNSW website.

3.    That Council endorse the Goulbourn Mulwaree Council motion to be presented at the LGNSW Annual Conference.

The motion is:

·          That Local Government NSW conference express its concerns to Local Government

Superannuation (LGS) at the continuous demand on all Councils for additional

contributions which often exceeds more than 1% of Councils general rate take beyond the normal percentage on superable salary for the Defined Benefit Plan (DPB).

·          That Local Government Superannuation be requested to undertake an independent

audit on the investment strategy to give confidence to stakeholders that the returns on superannuation funds are reasonable.

·          That Conference requests that Local Government Superannuation to cease the

additional contributions on the defined benefit plan as soon as the liabilities and the asset are balanced at 100%

·          That Local Government NSW be requested to ensure that the Directors appointed to the Local Government Superannuation Board of Directors are ‘skills based’ which relate to Finance, Superannuation investments and/or legal skills.

 

Background

The Local Government NSW (LGNSW) Annual Conference will be held at the Albury Entertainment Centre from Sunday 21 October 2018 until Tuesday 23 October 2018.  A copy of the draft Program is attached.  Council is a member of LGNSW, the peak local government body in NSW.

Local Government NSW Annual Conference

To take advantage of early bird bookings savings for the Annual Conference, it is appropriate for Council to nominate who the attendees will be for this Conference. As this is so close to the Mayoral election period it is proposed Council nominate the Mayor and two Councillors to attend this Conference along with the General Manager. All costs for attendance are covered in the Councillors training and development budget.

Local Government NSW has advised Councils can submit proposed Motions for the Business Paper for the Conference, and that such Motions will be included where they:

·    are consistent with the objects of the Association (see Rule 4 of the Association’s rules);

·    relate to Local Government in NSW and/or across Australia;

·    concern or are likely to concern Local Government as a sector;

·    seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

·    have a lawful purpose (a Motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

·    are clearly worded and unambiguous in nature; and

·    do not express preference for one or several members over one or several other members.

Motions must also be accompanied by evidence for example an extract from Council Minutes that Council has resolved to submit the Motion to the LGNSW Conference and be submitted by 26 August 2018.  Motions must be submitted in the recommended format:

1.   Indicative category of the Motion:

·    Industrial relations and employment policy

·    Economic policy

·    Infrastructure and planning policy

·    Social policy

·    Environmental policy

·    Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

2.   Motion title

3.   Motion wording

4.   Background note explaining the rationale of the Motion (max 1 or 2 paragraphs)

Motions proposed by Bega Valley Shire Councillors

Cr Kristy McBain

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Audit fees and role of the NSW Audit Office

Motion Wording

That LGNSW seek a consistent and financially sustainable audit framework for Councils across NSW and audit fees be caped annually by the amount of the annually determined rate peg increase.

Background note:

NSW Councils are now audited by the Audit Office of NSW. Some Councils are directly audited by staff from the Office whilst others have contracted audit companies appointed. The experience gained through the first year under this framework has been an increase in audit fees and additional invoicing in some instances.

Councils are required to work within the annual restriction on rates income set by the LGCI (rate peg) amount. Annual increases for audit costs to Councils should be set to abide by this annual increase.

 

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Councillor and Mayoral remuneration

Motion Wording

That LGNSW seek to have the process of Councillors resolving on the annual remuneration for Councillors and Mayors amended to be set externally by the independent Remuneration Tribunal.

Background note:

NSW Councils are required to consider recommendations by the Local Government Remuneration Tribunal and determine the fees paid annually. This is not the process used by the State and Federal Governments. The system should be amended so that this independent body sets these allowances for each Council.

 

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Grants Commission:  consideration of the allocation of the Financial Assistance Grant

Motion Wording

That LGNSW advocate to the Minister for Local Government to support the current approach outlined by the Grants Commission to improve the distribution of the General Purpose component of the grants towards Councils with the greatest relative need particularly regional and rural councils.

Background note:

 

 

The primary function of the Local Government Grants Commission is to make recommendations to the Minister for Local Government on the allocation of general purpose grants to local governing bodies in New South Wales under the provisions of the Commonwealth Local Government (Financial Assistance) Act, 1995.The Commonwealth Act specifies that all councils are

entitled to a per capita minimum grant, based on 30% of the

general purpose component. Twenty-one councils, all located

in the Sydney metropolitan area receive the “safety net” minimum entitlement in the 2016/17 year. This process seriously disadvantages regional and rural councils. Over the past few years the Grants Commission has looked at how the funding can be allocated to areas of greatest need with the most significant financial barriers to developing and supporting their communities. The costs faced by councils located away from large centres seriously impact the service delivery of those councils. Costs associated with tendering, upskilling, attending Court Hearings or other mandatory sessions are exorbitant and a challenge. A fairer approach is urgently needed.

 

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Improving the Office of Local Government and Crown Lands resourcing levels.

Motion Wording

That LGNSW urgently request the Minister for Local Government, Minister for Planning and the Minister for Lands to increase staffing levels to support Councils deliver required services.

Background note:

Over the past number of years the hard working staff of these departments have faced significant challenges with change projects and significant legislation requiring delivery by the local government sector. The Audit Office of NWS released their report on Council reporting on service delivery in February 2018. There were 4 main recommendations for the Office of Local Government to action by mid 2018. All were extremely valuable and a number are items the sector has been waiting for over many years. To date there has been no release of any of the updates on the progress of these matters. The Biodiversity Legislation implementation and Crown Lands Management Act bring with them significant changes to how local government operate and confusion and concern to landowners and others and other lands matters are held up sometimes for months. Local government needs to have support to streamline its service delivery to the community. Resourcing of these key departments is seriously impacting our capacity to deliver in a timely and appropriate way.

 

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Continuation of the Stronger Country Communities Fund

Motion Wording

That LGNSW request the Premier and Deputy Premier commit to the continuation of the very successful Stronger Country Communities Fund as an ongoing funding program with an equitable per capita funding calculation.

Background note:

 

The Stronger Country Communities Fund, which has formed part of the Regional Growth Fund, has now operated for two grant rounds. This program is extremely relevant to local councils providing support through community infrastructure to local communities. The first two rounds were skewed in favour of amalgamated Councils and this should not continue. This program allows country councils to deliver critical small scale infrastructure with and for the community and is delivering real and extremely successful projects in the country.

 

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

NSW State Election priorities

Motion Wording

That LGNSW develop a clear one page list of local government elections priorities to deliver the all parties for consideration and response prior to the State Election in March 2019.

Background note:

 

The 2018 ALGA conference included a clear simple focus of priority items applicable to all members for presentation to all parties prior to the next Federal Election.

These 12 priorities were presented in a powerful two page statement which can be adapted and presented by local Councils to local candidates.

 

Cr Robyn Bain

Indicative category of the motion:

Infrastructure and planning policy

Motion Title

Legislative change to allow Councils to recoup full legal costs associated with cases before the Land and Environment Court

Motion Wording

That LGNSW approach the Attorney General and the Minister for Planning to develop legislation to allow for Councils to recoup legal costs for all Planning matters referred to the Land and Environment Court.

Background note:

 

At present there are a number of cases Councils are required to attend to at the Land and Environment Court. There are also a number of instances where no legal costs can be claimed. In an increasingly litigant society, legal costs are increasing and this impacts Councils financially. The State’s current position should be amended to allow costs to be claimed

 

Cr Jo Dodds

Indicative category of the motion:

Social Policy

Motion Title

Extension of WHS protections to Councillors, and additions to Model Code of Conduct, to reduce bullying and harassment.

Motion Wording

1.     That LGNSW and ALGA work with councils and relevant authorities to strengthen workplace protections such that councillors be subject to and protected by provisions similar to those available under WHS legislation procedures regarding bullying and harassment.

2.     That these protections be added to the Model Code of Conduct.

Background note:

 

As leaders in local communities Councillors must uphold the highest standards of behaviour, demonstrating the principles of respect, inclusion and fairness. Councillors hold a particular position in terms of supporting, perpetuating or improving the culture of a region or Shire and as such should lead the way to providing safer places for the community to work, play, be educated and be at home. As such, behaviours which are currently in much media and community focus, such as bullying and sexual harassment, should be met with force in councils, as they are met in workplaces.

The protections existing for staff of councils are not currently mandatorily included in local government’s model Code of Conduct. Thus Councillors are not explicitly protected or directed to procedures to resolve issues arising from bullying and harassment between councillors or between councillors and staff, including management. These protections should include: 1. The right to work in an environment safe from intimidation, threat, bullying and humiliation, 2. Harassment, in any form, is unacceptable behaviour and will not be tolerated under any circumstances. It includes bullying and discrimination, 3. The WHS Act 2011 and the Regulation 2011 require an employer to ensure the health, safety and welfare of their employees whilst at work. Stress associated with all forms of harassment is unacceptable and identified as an occupational hazard by SafeWork NSW. Failure to protect employees from such sources of stress would be a failure of duty of care under workplace laws, 4. Any reports of harassment will be investigated thoroughly and confidentially. Complainants and witnesses will not be victimised in any way.

Cr Cathy Griff

Indicative category of the motion:

Environmental Policy

Motion Title

Renewable Energy Targets

Motion Wording

That LGNSW advocates for robust renewal energy targets be adopted by Councils - along the lines of those established in the ACT.

Background note:

 

Multiple Australian Local Councils have developed successful projects and partnerships, demonstrating commitment to renewable energy technologies. It would support efforts by individuals and regions to have ambitious, overarching targets endorsed by LGNSW. While the Association would not be dictating specific levels it is feasible to promote a goal, similar to that achievable by the ACT’s 100% renewables by 2020.

 

Indicative category of the motion:

Environmental Policy

Motion Title

Banning Plastic Bags in NSW

Motion Wording

LGNSW advocates strongly to Environment Minister Gabrielle Upton to ban the use of single-use plastic bags.

Background note

 

As of July 2018 every Australian state has legislated to ban the use of thin plastic bags except NSW. The billions of plastic bags entering our waterways and soils represent incomprehensibly high risks to sea and bird life as well as to human health. It is time NSW joins the rest of the country and the major retailers, which have acknowledged the problem and are taking action to reduce catastrophic levels of plastic waste.

 

Indicative category of the motion:

Infrastructure and Planning

Motion Title

Affordable Housing and Planning Policy

Motion Wording

That LGNSW investigates options of using planning policy mechanisms to address the shortfall in provision of affordable housing

Background note

 

Housing affordability is increasingly a critical issue throughout much of Australia, including in many rural and regional communities. Councils will need to draw on a broad range of strategies to alleviate the situation. State Government has generally funded social and affordable housing via the tax system. However further avenues are needed, such as mandating development contributions through the Department of Planning and Environment.

 

In addition, Goulbourn Mulwaree Council has requested Canberra Region Joint Organisation members to consider their support of the following motion relating to Local Government Superannuation. The motion is:

·          That Local Government NSW conference express its concerns to Local Government

Superannuation (LGS) at the continuous demand on all Councils for additional

contributions which often exceeds more than 1% of Councils general rate take beyond

the normal percentage on superable salary for the Defined Benefit Plan (DPB).

·          That Local Government Superannuation be requested to undertake an independent

audit on the investment strategy to give confidence to stakeholders that the returns on

superannuation funds are reasonable.

·          That Conference requests that Local Government Superannuation to cease the

additional contributions on the defined benefit plan as soon as the liabilities and the

asset are balanced at 100%

·          That Local Government NSW be requested to ensure that the Directors appointed to

the Local Government Superannuation Board of Directors are ‘skills based’ which relate to Finance, Superannuation investments and/or legal skills.

This matter has been raised and discussed with Council over a number of years and staff believe that this is worthy of support.

Financial

Councillors and senior staff have attended the Local Government NSW Conference in past years.  Costs to attend the conference will include registration $840 (early bird payment by 17 September 2018) accommodation (approximately $150 per night), meals and travel costs. It is estimated this will be in the order of $1700 per person attending via early bird bookings.

Conclusion

It is appropriate Bega Valley Shire Council is represented at the Local Government NSW Conference.  This Local Government Conference has been listed in the Operational Plan for attendance by Councillors and the General Manager on an annual basis.

 

Attachments

1.          Draft Program LGNSW Annual Conference 2018

 


Council

8 August 2018

Item 13.2 - Attachment 1

Draft Program LGNSW Annual Conference 2018

 


 


 


 

  

 


Council

8 August 2018

 

Staff Reports –  Finance

 

8 August 2018

 

14.1            Investment Report as at 30 June 2018.............................................................. 147

14.2            Aldi request for Section 94 Financial Offsets ................................................... 158


Council 8 August 2018

Item 14.1

 

14.1. Investment Report as at 30 June 2018     

 

This report details Council’s Investments at the end of June 2018.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 June 2018.

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 monthly Investments Reports are attached 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 $69,002,338.82 at 30 June 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

April 2018

May 2018

June 2018

General Fund

$15,060

$11,710

$22,089

Water Fund

$16,056

$16,793

$17,240

Sewer Fund

$30,166

$31,396

$29,673

TOTAL

$61,282

$59,899

$69,002

·     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 30 June 2018, BVSC’s available cash balance was $2,934,983.71 and the investment balance was $69,002,338.82. The investments are broken up as follows:

·     TCorpIM Cash Fund - $ 22,629,096.64

·     TCorpIM Strategic Cash Fund - $ 46,373,242.18

With respect to the Fund’s monthly distributions, the custodian calculates the Fund’s earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

 

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 17 February 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

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

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 SCFT 1326 June 2018

2.          Investment CAFT 1303 June 2018

3.          Investment Report June 2018

 


Council

8 August 2018

Item 14.1 - Attachment 1

Investment SCFT 1326 June 2018

 


Council

8 August 2018

Item 14.1 - Attachment 2

Investment CAFT 1303 June 2018

 


Council

8 August 2018

Item 14.1 - Attachment 3

Investment Report June 2018

 


 


 


 


 


 


 


Council 8 August 2018

Item 14.2

 

14.2. Aldi request for Section 94 Financial Offsets       

 

A formal request has been received from ALDI to reduce the Section 94 fees by taking into consideration additional work that has been undertaken, in excess of the Development Application requirements.

 

Director Business and Governance  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council approve a reduction in the Section 94 contribution in the amount of $15,000 to recognise the voluntary public benefit contribution made in modifying plans to accommodate a pedestrian thoroughfare and the provision of a traffic management median strip on Main Street Merimbula.

 

Executive Summary

As part of the Development Application (DA) to develop an ALDI supermarket on main Street Merimbula, Section 94 fees have been calculated at $76,203.27 and this was communicated to the developers. In subsequent meetings, the developers have requested this amount be reduced in recognition of expenses voluntarily incurred to meet Council’s objectives.

Background

The developers of the “ALDI supermarket” were informed of the amount of Section 94 contributions that would be levied on this development in accordance with the Environmental Planning and Assessment Act 1979 (the Act) and the Bega Valley Section 94 and 94A Contributions Plan 2014, as per the extract from the DA documentation below.

The developers have requested this contribution be waived on a number of public benefit grounds including:

·    The provision of additional car parking

·    The service road to be constructed to allow traffic to be removed from Main Street Merimbula

·    The provision of pedestrian access through the development at the request of Council led to a modification of plans

·    Council has requested traffic mitigation measures to be put in place on Main Street Merimbula to prevent traffic turning to the right across oncoming traffic which is an existing traffic management issue

The developer contends these measures are all factors that meet the three objectives listed by Bega Valley Shire Council in the site sale tender information of:

·    Business and Economic Growth

·    Improved infrastructure and services

·    Maximise employment opportunities

Council officers have indicated that consideration of additional expenditure on public benefit items could be considered by the Council, but was not guaranteed, and that it was highly unlikely the cost of the service road construction would be such a consideration, given that Council is contributing a significant amount through the acquisition of the land which will form the road reserve for the service road.

Options

The options available to Council are:

1.    To leave the Section 94 fees as calculated without any adjustments as requested by the developer.

2.    To approve an adjustment to the Section 94 fees to recognise additional contributions made by the developer that will benefit the Shire and thus result in no net loss to the community. It is recommended the amount of adjustment would comprise of:

a.    $10,000 for the provision of additional traffic management on Main Street

b.    $5,000 for the redesign work carried out to incorporate pedestrian access through the development during operating hours.

3.    To waive the total Section 94 fees.

Financial and resource considerations

The financial implication of this request is up to $76,203.27.

However, consideration needs to be taken as to the ongoing financial impact of setting a precedent of offsetting Section 94 contributions, without a clearly defined method of calculating such offsets. Depending on the size of future developments, each request could be larger or smaller as these contributions are based on the value of the development, which makes forecasting very difficult.

Legal /Policy

The calculation of the Section 94 contributions is in line with the Act and the Bega Valley Section 94 and 94A Contributions Plan 2014. Council officers' recommendation is also in line with this Act and plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The calculation of Section 94 contribution fees is based on the Act and the Bega Valley Section 94 and 94A Contributions Plan 2014 and held for specific purposes throughout the Shire, including the provision of public parking. Any reduction is these contributions should be offset by an equivalent public benefit that would otherwise have been met by Council.

Risk

The risk associated with this proposal is that it may set a precedent for future developers feeling “entitled” to a reduction in Section 94 contributions, and possibly other development related fees.

 

Attachments

1.          Letter to Howard Rom regarding consent conditions (Councillor Only)

2.          Aldi correspondence Re Site Service road and S94 costs (Councillor Only)

3.          Comments for Conditions of Approval June 2018 (Councillor Only)

  


Council

8 August 2018

 

 

Councillor Reports

 

08 August 2018

 

16.1            Country Mayors Association Meeting 1 June 2018........................................... 162

16.2            The 2018 Australian Local Government Association National General Assembly. 166


Council 8 August 2018

Item 16.1

 

16.1. Country Mayors Association Meeting 1 June 2018     

 

I attended the Country Mayors Association meeting at Parliament House, Sydney on 1 June 2018.

 

Cr McBain, Mayor  

 

Country Mayors Association

In attendance were over 50 Mayors and/or General Managers from across regional and rural NSW.  We received presentations from the following:

David Harris, CEO of NSW Water

NSW Water is the largest water supplier in Australia.   It owns 42 dams and 300+ weirs and delivers water from 33 major dams.  It has a statuary function to develop water infrastructure.   The 2018-2021 Strategic Plan for 800 staff goals are Our People and Safety, Our Business, Our Performance and Our Relationships.   There are 8 Strategic Priorities -  customer survey outcomes, not all customers are the same, customers want more choice, customers value technology and mobility, value for money is important and customers are not clear about Water NSW’s role and brand.  

David discussed some of the big issues currently facing NSW Water including the handing over of infrastructure to some regional councils to allow them to manage their own water assets into the future.

NSW Water are also about to go through an EOI process for renewable energy outcomes on any of their water infrastructure/dams/rivers and want to be able to do more with the assets they currently have in place.

Chris Taylor – Telstra Area General Manager – Southern New South Wales, Customer Sales and Service

Bega Valley Shire Council have dealt with Chris on a number of issues over the last few years including new mobile tower builds in Nethercote and Wyndham. Telstra have through the bushfire episode, located a Cell on Wheels (CoW) in Tathra to allow mobile reception to be kept up and that will remain in place until a new mobile cell is built and located at the Tathra exchange.

Telstra (and presumably other Telcos) are experiencing rapid growth at the moment.

Some of the big numbers include

·    85% growth in wireless data traffic over the last 10 years

·    5 times more fixed and mobile data traffic in the next 5 years

·    70% of mobile date will be video in the next 5 years

·    About 76% of the state (610,000km2) has mobile coverage. An additional 30,000km2 will be covered under the blackspot program

·    Telstra’s network is a fixed network with 875 exchanges and a wireless network with 226 mobile sites.  

·    A mobile blackspot program is being undertaken by Telstra to boost the number of Telstra locations to 650 sites nationally representing an investment of $260 million.  

·    Telstra are proposing co-contribution for satellite small cells that gives e-mail, basic data, and voice calls and text with a compatible device in areas where it is difficult to get full coverage.

David Smith – LG Super

There has been serious concern in the local government sector about the additional ask on councils to cover those employees on the defined benefit scheme following substantial losses in the fund during the GFC.

This issue has been raised at the CRJO and at Country Mayors.

The Trust Deed allows the trustee of the fund to ask for additional contributions from members for a specified period of time – this was done for a period of 10 years but we are now advise this will continue into the future with no specified date, although 2022 was discussed, even though in 2019, the fund shows an anticipated assets rate of 103% of its liabilities

All regional and rural councils were adamant that the additional ask was detrimental to their communities given the rate peg environment and the need to deliver services to their community when LG Super should have handled their fund more appropriately.

RESOLVED

That the Association write to LGNSW and request that a skilled based Board be elected to Local Government Super (Goulburn Mulwaree Council/Gilgandra Shire Council)

That the Association write to Local Government Super requesting that once the assets exceed liabilities in 2019 that the additional contributions cease (Goulburn Mulwaree Council/ Gilgandra Shire Council)

Tim Hansen - National Heavy Vehicle Regulator

There will be changes to the chain of responsibility laws governing heavy vehicles commencing on 1 October 2018. We will need to monitor this carefully considering our saleyards and some of the heavy plant and equipment used by the Council.

They have a new online portal for road managers to obtain information; permits etc. and at least 99% of all applications now go through this portal.

The NHVR indicated to the room that they were also happy to provide letters of support for funding applications that deal with pinch points, especially in regards to freight movements.

There were concerns raised by councils in regards to the differences between jurisdictions as to the way freight is monitored.

RESOLVED

That the NHVR be requested to work with councils and the RMS to harmonise the Volumetric Livestock Loading Scheme to match Queensland and treat livestock as a specific freight recognizing the animal welfare requirements (Forbes Shire Council/Tenterfield Shire Council)

There was also discussion from the floor in regards to:

Recycling crisis:

RESOLVED

(a)           That the Association write to the Minister for the Environment (overseeing the EPA) expressing concerns regarding Councils being steered to funding from streams that are already allocated to projects rather than the waste levy, are there new funding opportunities

(b)          That the Association seek urgent clarification of the definition of “recycle” and “recyclate” when the product is meeting the criteria for Container Deposit Funds to be refunded back to councils to use on projects clearly defined as sorting or re-use projects for products (Singleton Council/Shoalhaven City Council)

RESOLVED

That the Association accept Tenterfield Shire Council’s offer to have their Chief Executive present a paper on converting waste to energy at the next NSW Country Mayors meeting (Tenterfield Shire Council/Glen Innes Severn Council)

Discussion centred on Councils requiring action and all agreed that supporting the recommendations from the Senate Enquiry into Waste to Energy and to task the EPA with providing a pilot project or implementing policy to allow councils to undertake waste to energy initiatives is required.

Tenterfield Shire advised that they were meeting with the Minister for Energy and Utilities to see what support they could gain in the waste to energy space.

The National Tyre Stewardship program was also discussed noting the program has been extended to 2024 with tyres being used in bitumen and in pipes.

Discussion on the Waste to Energy project in Tokyo recently featured on the ABC and the use of plastic road base currently being trialled in Scandinavian countries – all members thought there were significant opportunities for local councils in the recycling space but that State Government had yet to make any policy and therefore we were unable to go into any of these things as yet – we would need to continue to advocate for changes to policy along with the ability for grant funding to move towards innovative projects for the future.

A discussion was held in regards to regional NSW becoming a dumping ground for Sydney’s rubbish – it should be noted that two train loads of waste are moved into the Goulburn-Mulwaree area from Sydney per day already. The operator removes methane gas from the waste and they are looking at ways of using all by-products of the waste. The Mayor of Goulburn-Mulwaree advised that the operator runs a very clean site.

It was decided this should be one of the main issues that CMA focuses on in the coming months.

New housing code

RESOLVED

That the Country Mayors’ Association write to the Minister of Planning & Environment requesting for Regional and Country Councils who apply to the Minister, an amnesty from the new Low Rise Medium Density Housing Code for a minimum of 2 years until such time as councils have had the opportunity to engage with their communities and make required changes to Local Environmental Plans (Kiama Municipal Council/Albury City Council).

Clause 26 of the Country Mayors Association

A Motion was moved that, in accordance with Clause 26 of the Country Mayors Association of NSW Constitution, the Association allow nominations from the current Chairperson, Vice Chairperson or Secretary should they wish to nominate for the 2018/19 term of office (Narrabri Shire Council/Gilgandra Shire Council)

Cr Paul Maytom, Mayor, Leeton Shire a non-Executive member was asked to Chair discussion of this item.  The Chairperson Cr Katrina Humphries and Cr Michael Pearce, Mayor, Uralla Shire Council left the meeting room.

Discussion on the matter related to all members not been given advanced notice of the Motion, to not having been given background information and as to whether the extension of the term of the offices was in accordance with the Constitution.  

THE MOTION WAS LOST.

The next meeting of Country Mayors Association will be the 3 August 2018. 

 

Attachments

Nil

 


Council 8 August 2018

Item 16.2

 

16.2. The 2018 Australian Local Government Association National General Assembly.     

 

The 2018 Australian Local Government Association National General Assembly was held in Canberra from 17-20 June 2018.

 

Cr McBain, Mayor  

 

Cr Kristy McBain

The conference started for me on Sunday at the Regional Development and Cooperation Forum. This is always an interesting event with other regional and rural councils in attendance.

I spoke directly with Dr John McVeigh MP, Minister for Regional Development about the inland rail, freight opportunities, Snowy Hydro 2.0 and its potential benefits to the wider south eastern region through shipping components of the development through the Port of Eden and then trucking them up similar to the Boco Rock wind farm development.

There were a number of presentations given.

ALGA Conference commenced with the President, Mr David O'Loughlin giving a welcoming address. There were 850 delegates at the conference representing 526 Councils across Australia. This will be the last conference before the next Federal Government election and it was key the sector got across its priorities loud and clear.

It is noteworthy that both the Prime Minister and the Leader of the Opposition spoke at the conference, the first time both leaders had done so in many years.

ALGA's 2018-19 Budget Submission https://alga.asn.au/site/misc/alga/downloads/submissions/2018/ALGA_Budget_Submission_2018_2019.pdf will be one of the key documents used in the upcoming campaign to both parties going into the election.

Some of the biggest priorities include:

·    Financial Assistance Grants and a larger slice of the taxation pie

·    First and last mile strategies for freight

·    Community infrastructure funding

·    Remote Indigenous Housing Strategy

·    Waste and recycling issues

Dr John McVeigh MP, Minister for Regional Development, Territories and Local Government

The Minister was previously a local Councillor in his home town of Toowoomba and comes into parliament with local and state government experience.

Whilst Roads to Recovery and the Blackspot program are in place to 2021-22, more has to be done and this will be looked at as the Federal Government's financial position improves.

There is a $3.5b program looking at Roads of Strategic Importance and in particular the first and last mile - it was stated that local government should have more of an influence on where the money is spent through his office.

Community Development Grants are going out and so far $1b has been spent on 795 projects - $272m in the regional growth fund for transformational regional programs.

David Speers - Political Editor of SKY News – The Australian Political Landscape

He provided an interesting insight into political parties, parliament and the way in which it is reported.

He believes the political parties need time to reflect on who and what they are representing. Are they moving with the community on thinking, changing perceptions based on their electorates needs...the example he provided specifically was about the same sex marriage debate. Darren Chester (Nationals member for Gippsland) stated his agreement with the same sex marriage change, as his electorate was in favour of it, whereas Barnaby Joyce was against it regardless of community sentiment. (11 out of 12 National's electorates were majority in favour of the change).

He gave interesting observations on differences between Abbott and Turnbull's leadership, use of community's sentiments, internal political persuasions and ideologies.

Internal differences in the Labor Party are less than they have ever been while the minor parties continue to play a disruptive role.

Could the Christian Democrats unite the parties on the right to become a force...?

Why is it that of the 30 members elected in State and Federal parliaments for One Nation, 19 have resigned from the party within their first term?

He believes that debate is weaker and there is no real move towards tax reform, policy on climate change, indigenous recognition, solution to Manus and Nauru and better foreign policy.

Virginia Haussegger AM, Australian Journalist, Media Commentator and Television Presenter – The Case of Gender Diversity in Local Government

Spoke about the case for gender diversity in local government.

In NSW, out of the 128 councils, there are only 37 females Mayors and 18 female General Managers - there are still barriers to participation in public life in all levels of government.

 

A panel discussed the use of digital and new technologies in regards to local government sector.

State of the Regions' Report was delivered. Very interesting reading. The topic this year focussed on Trade, Jobs, Growth and Inequality. I have a hard copy available if anyone wishes to read it.

60% of our economic growth comes out of a Melbourne and Sydney. 65% of wage growth out of the same area. A large portion of the country's infrastructure is built on 0.2% of our land mass.

The inequities between metro and regional areas are greater than they have ever been.

The South Coast of NSW (including BVSC, Eurobodalla and Shoalhaven) is listed in the top 10 areas for unemployment in the entire country.

As local councils we need to develop a concierge service for business, making it easy to attract business, start-ups and industry.

Bernard Salt AM, Author and Columnist - Population and the Policy Imperative.

This was perhaps the most interesting segment of the conference. Demographics, the way in which Australia will develop in comparison to the region in which we live and how as local councils we need to start planning for changes to our regions.

Trade with our closest neighbours will be a key to our economic prosperity, and developing the uniqueness of our areas to attract business will be key.

There were three full sessions of debate on motions. Our motions all passed the conference; of particular importance was the continued push for an increase in Financial Assistance Grants (FAGs), recognition of local government and indigenous people in the Constitution, Roads of strategic Importance and freight routes.

This was the first year of the electronic voting system which made things a little slower than anticipated.

David Cull, President, Local Government NZ

Discussed creating resilient communities in the wake of disasters in Dunedin and Christchurch.

Opening information centres before a disaster strikes - especially in relation to flooding. This creates resilience before an event as people can obtain information in the lead up to the event. When heavy rain warnings come, staff are sent to clean gutters out, sand station to allow sand bags to be filled, ongoing dialogue, live streamed information sessions so people can be prepared. Councils will coordinate local and state agencies for a local response - both preparation and response.

Panel of Mayors: Local Government and the Federal Election

I was also part of a panel discussion in relation to the local government priorities lead up to the federal election. I gave a perspective of a regional/rural council and all the assets we are required to have due to our large area and dispersed population and how these priorities lined up with ALGA's previous budget submissions.

Of particular note:

 

 

Cr Sharon Tapscott

Monday morning

Welcomed by The Hon Dr John McVeigh MP

There was a discussion on the Financial Assistance Grant (FAG) percentage and how in real terms the percentage was only 0.5% instead of where it had sat at 1% before the freeze.

How this was affecting Councils, especially rural and it was a great introduction to the Motion to be put up by Bega Valley Shire Council (BVSC) later in the business paper. Needless to say it was supported unanimously later in the day that Financial Assistance Grants are raised to 1%.

David Spears, Political Editor, Sky news – The Australian Political Landscape

·    Was very informative and entertaining.

·    The basis of his address was about being authentic and knowing your community.

·    The politics of Councils should be somewhere around the centre.

·    It should not be influenced by self-interest.

·    Internal differences affect the relevance of the Government/Council to the community.

·    Don’t vote on “bubble issues”. Know the real issues.

·    Understand political correctness and don’t engage in embarrassing behaviour by attacking your own side.

·    He states 19 out of 30 politicians have left in the first term because they can’t tolerate the embarrassing behaviour of others.

·    He spoke mostly on the Federal Government but the take away message was “know your electorate, be relevant, do not be self-serving, deal with matters respectfully”

Virginia Haussegger AM, Australian Journalist, Media Commentator and Television Presenter – The Case of Gender Diversity in Local Government

·    100% will never be achieved if only 50% vote.

·    You can’t be it if you can’t see it;   young girls need to see evidence visually of women making high level strategic decisions.

·    It’s a more subtle denigration now ..... pay gap between 10% and 30%

·    Things are not getting better

·    Australia is now at No 35 (Global Gender Gap index) behind Rwanda.

·    The media makes it difficult for a female leader to be represented fairly.

Panel Session - Balancing Innovation and the Public interest

Veena Sahajwalla (Scientist)

Innovation (change) can be disruptive and needs to be balanced to preserve and protect community values. For Example: Recycling.

·    We collect recycling.......what are we going to do with it.....we need a purpose for it.

·    Value can be added by manufacturing it into critical material.

·    Its needs to be small, local, and customised....for the benefit of the community.

·    Waste> micro factories> smart materials.

·    There are a lot of critical materials in waste  (especially electronic) that can be extracted and repurposed into critical material in small industry , but it has to be transformed locally to activate benefit to the local community.

·    Don’t send it away ... it is a resource.

Michael Smith, BMW Sales Manager

·    Move to electric/automotive vehicles.

·    The rate of change is accelerating.

·    Movement of people will change

·    We need to consider:

A.    Infrastructure. (Electronic signage in car parks etc)

B.    town planning (town drop points /roads)

C.    Health and well-being (emissions)

·    Other things to consider are integration, automation and ride share

·    Fuel prices will also change with people’s attitude to electric/auto vehicles.

·    2022 will see a trigger point to escalate price parity between petrol and electric cars.

·    Consider parking and charging opportunities

·    Consider taking sulphur out of fuel > health savings

·    Not too distant future - one in three cars will be electric.

Ron Bartsch, an aviation specialist, Board Member REX, CASA

Drones in Society:

·    Drones can be effectively managed.  The changes and risks can be mitigated with a developed governance framework (civil regulators).

·    Australia is ahead of the game.

·    Unmanned aircraft will be moving parcels in time critical and crowded cities.

·    Needs regulations to catch up with innovation.

·    Drones could be useful for LGAs for illegal dumping, planning, mapping, roads etc.

·    Fire and emergency management, coastal surveillance, tourism promotion, security and all asset management

·    Legal liability needs to be reviewed to incorporate use of drones.

We then debated the Motions on the business Paper.
BVSC motions were passed.

The Hon Stephen Jones MP, Shadow Minister for Regional Services, Territories and Local Government.

He spoke on what he would do if elected:

·    Recognised that Local Government was the closest to the electorate.

·    I had the opportunity to ask him from the floor if, elected, would he consult Local Governments Long Term Financial plans (LTFP) and Community Strategic Plan (CSP) before handing out money for projects council would find outside their vision?

·    He replied in the affirmative as he believed Councils were best placed to make the financial decisions for the needs of their ratepayers.

Bernard Salt AM, Author and Columnist - Population and the Policy Imperative.

·    The LGAs have an absolute imperative to galvanise their community with a shared vision.

·    Our communities need unity. Council make this happen.

·    China growing rapidly and becoming leading nation through GPD.

·    U.S. leading In 2018.

·    Australia taking 200,000 migrants a year.

·    Sydney has 39% born outside Australia.

·    Our culture IS flexible and absorbable.

·    Australians are very inclusive.

·    Money will flow from Russia and China because we are a lifestyle country with lifestyle cities.

·    Australia today is a fusion of cultures.

·    LGAs help by acknowledging trends

Australians are losing faith in religion, politics and banks.... all the big entities

·    Looking for more authentic relationships.

·    There is a move to single households - Council’s needs to address:

security

socialisation

expectations

·    Moving away from (going backwards) not so many engaged because of automation:

agriculture/forestry

manufacturing

wholesale trade

·    We are producing the same amount with less people required.

·    Increased engagement in health care, aged care and retail.

·    Can we predict what jobs will be needed in 2030?

·    We need to be adaptable, responsible and fit skill sets into Jobs.

Panel Session – Building Tomorrow’s Communities: Liveability

Vonda Malone, Mayor Torres Shire Council

·    Spoke on the liveability and the challenges of living and working on the Torres Strait Islands.

·    Very different to most other shires with complex needs.

Kerri Hartland, Secretary of the Department of Jobs and Small Business

·    Finding work for disadvantaged.... we need to keep developing skills to adapt.

Senator the Hon Bridget McKenzie, Deputy Leader of Nationals

Minister for Rural Health, Sport and Regional Communities.

·    Regional areas need the same access to services as is enjoyed by metro.

·    Key areas:

health

telecommunications

sport

·    There is an oversupply of Doctors in the metro area.

·    We need to train in regional areas and encourage people to stay.

·    Spoke on NBN black sports. - 867 towers to be installed

Concurrent Session - Digital Technology panel

Régis Berdaa, Business Development Manager (Smart Councils), thinxtra

·    Need global cellular network just for low power devices, at a low cost.

·    thinxtra is working on fast tracking connectivity to wind and field devices that will last 20 to 25 years.

·    Councils will reduce cost of telecommunications by sharing data.

Ryan Goff, Project Manager at Local Government Association of Queensland

·    Change management for the tech industry.

·    Sherlock Strategy will collect and review big data, tidy it and developer algorithms and then push down to data useful for councils.

·    Address assets and infrastructure data.

·    Corporate administration data.

·    Community data...such as library etc.

·    Elec usages could be one of the first to be analysed.

·    Fleet management - all info could be aligned to get best outcomes.

Risk management Cyber attacks

·    Data breach goes beyond disruption it damages reputation.

·    It is not just an IT problem.

·    It costs the nation $2 billion.

·    80% cyber-attacks are associated with organised crime.

·    Average 146 days before you find out.

·    75% of cyber-attacks are on small business and councils.

·    Have we insured against cyber-attack?

·    Is Council included in mandatory reporting if their data is breached?

Rachael McIntyre, Head of nbn™ local for Western Australia

·    Need stakeholder engagement.

·    Councils are key stakeholders.

·    The 2016 +census showed who was connected and how it affected communities

Chris Althaus, CEO, Australian Mobile Telecommunications Association - AMTA

·    Australia is number one for connectivity.

·    There is 130% usage by Australians.

·    Telecom generations will overlap.

·    5G should be active 2018/19.

·    Data traffic is increasing.

·    Convergent ecosystem - multiple devices being used.

·    5G will drive efficiency.

·    Industry needs to invest in more technology 5G systems will power.

·    Smart cities, smart cars, smart farms, smart homes,  schools Hospitals and shopping centres

Conclusion

·    Overall the speakers were interesting and relative.

·    There was a sense that changes are happening rapidly and the vision must be shared and forward looking.

·    The community of Australia as a whole are sick of big entities and are looking to Council to be the advocate at the big discussion tables.

·    Australia as a population is changing and becoming more engaged with the wider world.

·    Global issues are to be addressed but only in the context of how it affects our communities, which are diverse and varied.

·    Once again it was a worthwhile conference.

·    The Motions were varied but the main theme was the financial struggle that Rural Councils are having, and the need for the Financial Assistance Grants to be increased.

Cr Jo Dodds

Australian Local Government Women’s Association (ALGWA) breakfast

Kelly O’Dwyer, Minister for Revenue and Financial Services and the Minister for Women and the Minister Assisting the Prime Minister for the Public Service

·    Numbers of women in local government are still rising. With Victoria leading the way and Northern Territory actually going backwards.

KEYNOTE ADDRESS – Speaker: Cr Alwyn Friedersdorff, President of the National Rural Women’s Coalition (NRWC)

·    Returned from addressing the United Nations in New York and spoke on women’s participation in leadership and issues faced by rural women.

·    4000+ representatives of NGOs in regions from 193 countries attended.

·    An empty chair was placed in most of the buildings where meetings were held to represent the many women who had been denied entry by the Trump administration. There was a message on each of the chairs regarding this. A minutes silence was also held to remember the voices lost.

·    Australian representatives presented at one of the many side events, a book called Brave Danny, written to support children in domestic violence households through storytelling, colouring in, dot to dot pictures and more.

·    Little Stones documentary regarding women who use art and performance to encourage conversation and recovery from violence and to challenge.

·    “When it touches your own life, that’s when it becomes extremely important to get involved in this work”.

·    Women had the chance to ask questions at the morning briefings to the senior delegates.

·    Networking opportunities abounded over the 2 weeks.

·    Delegates stayed up till 2am making decisions about the content of the final paper.

·    Australia has committed to the 17 sustainable development goals (SDGs) to transform our world:

GOAL 1: No Poverty

GOAL 2: Zero Hunger

GOAL 3: Good Health and Well-being

GOAL 4: Quality Education

GOAL 5: Gender Equality

GOAL 6: Clean Water and Sanitation

GOAL 7: Affordable and Clean Energy

GOAL 8: Decent Work and Economic Growth

GOAL 9: Industry, Innovation and Infrastructure

GOAL 10: Reduced Inequality

GOAL 11: Sustainable Cities and Communities

GOAL 12: Responsible Consumption and Production

GOAL 13: Climate Action

GOAL 14: Life Below Water

GOAL 15: Life on Land

GOAL 16: Peace and Justice Strong Institutions

GOAL 17: Partnerships to achieve the Goal

The full text of the goals is available here: https://www.un.org/development/desa/disabilities/envision2030.html

Opening Address – Mayor David O’Loughlin, President of ALGA

·    Mayor O’Loughlin noted that at 850, attendees in 2018, this was the largest yet ALGA conference with the relevance and importance of the sector and the conference growing every year.

·    Theme – Australia’s future, make it local.

·    Confidence in political bureaucracies is being eroded.

·    Diversity and transparency are the key issues for everyone.

·    143 motions, three sessions.

·    Largest ever awards dinner.

Achievements 2017/18:

·    Financial Assistance Grant freeze lifted.

·    Improved disaster recovery and relief – taskforce is set up.

·    Improved Natural Disaster Relief and Recovery Arrangements (NDRRA) framework.

·    Community sporting infrastructure.

·    New focus on migration.

ALGA’S Advocacy:

·    First and last kilometre freight strategy.

·    Community infrastructures funding.

·    Remote Indigenous housing.

·    Road deaths are changing – the rate of young people is dropping and older people is rising, particularly those over 75.

·    Financial Assistance Grants continue to decline relative to Commonwealth taxes.

·    ALGA is calling for restoration of core funding.

Waste and recycling:

·    91% of people support a national action plan on recycling.

·    89% want recycled content included in government procurement.

·    88% support new requirements for packaging.

·    Are councils demanding our contractors demonstrate advanced use of recycled materials or are we just a glorified collector and transporter of materials? What if we demand hot mix with a minimum 10% recyclables – we must all push the recyclables to be reused within our own systems. Hume Council does this.

The Hon John McVeigh Minister Regional Development, Territories and Local Government

·    What the Commonwealth Government has delivered, mostly in terms of “focus”.

·    More jobs.

·    Certainty is needed for local government to continue to deliver for communities.

·    Recognition of the fact that there are a small number of councillors who do not abide by the rules of conduct. This raised a round of applause throughout the assembly.

David Speers Political Editor SKY NEWS: The Australian Political Landscape

·    Malcom Turnbull and Tony Abbott continue to be at war over the policy direction of the Liberal National Party (LNP). Barnaby Joyce is now out of the picture. Malcom Turnbull is currently in ascendency in relation to Tony Abbott.

·    Bill Shorten, whilst unexciting, does lead a remarkably unified team.

·    Asylum seekers are a contentious issue.

·    One Nation is un-cohesive, ideologically inconsistent and utterly fractured. 30 members elected and 19 resigned in the first term.

·    Same for the Nick Xenophon Team (NXT) and Clive Palmer. There’s no unity. And then there’s a roundabout of independents moving between parties.

·    Sheer number of senate cross benchers are responsible for double dissolution.

·    Platforms are given to politicians willing to say the most outrageous things. The media must take responsibility for this.

·    “We are in a diminished democracy”.

·    We need to address the refugee plight, Indigenous recognition and more.

·    Josh Frydenberg deserves credit for attempts to tackle the diabolically difficult issue of climate and energy policy. National Energy Guarantee will create a mechanism for lowering emissions.

·    Bill Shorten and Chris Bowen are delivering on addressing tax reform courageously.

·    Malcolm Turnbull tackled the same sex marriage issue and won. The referendum did cause a great deal of difficulty for lesbian, gay, bisexual, and transgender (LGBTI) people but also legitimised the result.

·    Donald Trump and Kim Jong-un. The Trump promo future video was extraordinary. Will anything actually happen as a result? The world is now safer as a result of the meeting but we need to see concrete steps. China comes out the winner as the US troops are withdrawing from the zone. (This may be problematic for our region in terms of occupation of South China Sea, Taiwan. The new assertiveness is posing difficulties for Australia with the Chinese company Huawei and the rollout of the 5G network)

·    Perth and Fremantle will go to Labor. Difficult for Liberal, Georgina Downer, to win back Mayo from Rebekha Sharkey. The Longman Liberal National Party may depend on One Notion and Tasmania’s Braddon division to swing wildly but is likely to go to the Liberal National Party.

·    Bill Shorten will need to show that the hits on Malcom Turnbull will translate into actual votes in the by- elections. His leadership may be up for a challenge and Anthony Albanese is the only real contender.

·    Unlikely to be a move on Malcom Turnbull’s leadership before the election. No love for Tony Abbott across the party room.

·    We risk a return to PM and leader churn.

Virginia Haussegger, Australian Journalist, Media Commentator and Television Presenter: The Case of Gender Diversity in Local Government

·    Gender equality in politics – Liberal National Party sadly critically low.

·    9/193 heads of state are women.

·    Heads of government 15/193.

·    Pay gap 15.3% average.

·    70% of women experience violence.

·    Women 15-44 years more likely to experience violence, domestic violence, than to experience cancer, car accidents, war, malaria.

·    5,000 women per annum killed in honour killings.

·    10 million child brides a year.

·    Gender gap index (world economic form 2017). Australia ranks 35th back from 15th in 2006. Yet we are number 1 in world rankings for education. Out of 144 countries.

·    Progress is NOT INEVITABLE!

·    Number of women in leadership and business is still well below 50%.

“There’s a real problem with what leadership LOOKS like in Australia “ If you can’t see it, you can’t be it!”

·    Something happens at the 30% mark for inclusion of women in leadership and business. What happens at 30%? Is the problem that we say ‘That’s good enough’? The media does this and they shouldn’t, 50% is the target!

Gender diversity in local government:

·    A 30% by 2020 target set in 2009 looks unlikely to be met.

·    Apart from Victoria we are still getting stuck at the 30% level. (Obviously Bega Valley Shire has something special in the water and it ain’t just the fluoride!)

·    New Zealand, Canada moving ahead, United Kingdom falling behind.

·    Fawcett Report 2017: Does Local Government Work for Women? is available here: https://www.lgiu.org.uk/wp-content/uploads/2017/07/Does-local-government-work-for-women-Final-report 

“We have found that there is a harmful culture of sexism in parts of local government politics which would not be out of place in the 1970s. Written and oral evidence to the commission repeatedly described a culture where sexism is tolerated, and viewed as part of political life. This has to change. This evidence is supported by the results of our large-scale survey which found that almost 4 in 10 women Councillors have had sexist remarks directed at them by other Councillors. Women need the tools to combat this, with a formal commitment to equality in Councillors’ Codes of Conduct; and we need a commitment from all the political parties to provide leadership to effect change.

“Councillor Codes of Conduct vary, and there is no requirement for them to promote equality or prohibit sex discrimination. Following the abolition of Standards for England in 2012 there is no requirement for councils to have a formal standards committee, or any higher power to appeal to if complaints against a councillor are not handled properly. We conclude that formal standards committees, with a duty to promote equality and with real teeth, are needed in all councils so that women can challenge sexism and harassment.

“Alongside direct sexism we heard repeatedly about the way that male councillors often silence women’s voices or appropriate their ideas. Our research provides evidence of a macho, combative culture in many council chambers, which holds women back from contributing, and is also a barrier to efforts to encourage more (and more diverse) women to stand.

“Achieving cultural change is always a challenge. We need more women in local government to help to drive forward the culture change, supported by their male allies. But we also need specific action which involves setting out acceptable standards, providing appropriate training, and ensuring transparency so that behaviour can be effectively monitored.”

·    I asked the question about how to support women in government given 70% of women have survived violence already and found the courage to step up into public life, only to then experience levels of bullying and harassment (as per data supplied in Fawcett report, Australian Local Government Women’s Association (ALGWA) surveys etc) that would not be accepted in workplaces.

·    The recent Australian Local Government Women’s Association (ALGWA) conference ended with a brainstorm of current challenges and issues for women in local government. Bullying and harassment was the very top item. The level of hurt and anger in the room was palpable.

Prime Minister Hon Malcolm Turnbull – Did not attend as planned

Professor Vena Sahajwalla, Laureate Prof. Australian Research Council -  revolutionising the treatment of waste ewaste

Centre for SmaRT@UNSW

Bernard Salt AM – Author and columnist, Population and the Policy Imperative

·    Households that eat goat's cheese do not eat maccas (McDonald’s).

·    Australia is becoming more Asian and less European.

·    Bernard started the smashed avocado theme, taken out of context of his original piece.

Statistics reveal:

·    There’s been a massive increase in number of people who have no religion. Probably due to the findings of the Royal Commission into child abuse in the church.

·    Sydney is the “most godless”.

·    People want local, tribal, authentic communities and only local government delivers that.

·    Single-person households are the fastest growing household type. Usually because partner has died.

·    Traditional nuclear families are the fastest retreating.

·    This will mean growing loneliness.

·    We’ve now had 25 years of constant growth, low unemployment, low experience of recession.

·    Higher expectations now - just note the size and design of our homes, twice, three times larger, more bedrooms and bathrooms for fewer people.

·    Knowledge workers are driving prosperity.

·    The only industries contracting are manufacturing, fisheries and forestry! Healthcare and social assistance are the highest growth.

·    Again, local government is the best placed to deliver social cohesion in this changing field.

·    Most job growth is in retail. Then aged care, chef, domestic cleaner, kitchen hand, construction project manager.

·    Our communities require flexible, adaptable workers who can change jobs and industries.

·    Goondiwindi and Griffith were the top two Australian liveable towns.

·    The cities that struggle the most are those where there is division and people are pulling in opposite directions. This is the struggle for Mayors and General Managers to get a shared vision and direction.

·    You need local TV, radio and papers, an identity, a signature event such as the Stawell Gift.

·    Marginal seats have great advantage!

Vonda Malone Mayor, Torres Shire Council

Challenges and opportunities for small, remote, Indigenous communities.

Kerri Hartland secretary, Department Jobs and Small Business

·    Wants to work with us to build a tailored solution to work opportunities and addressing the issues identified by Bernard Salt.

·    Labour market positions are strong, employment up.

·    Young people can expect to traverse 17 careers/jobs in a lifetime.

·    Employment skills critical.

Senator Bridget Mackenzie Minister for a Rural Health, Sport and Regional Communications

·    Impacts of changes to doctor training for rural and regional areas – focus on local students

·    National Broadband Network (NBN) and implications for:  delivery of health and other services, Internet of things on farms, Home-schooling.

·    870 additional communications towers for regional Australia to address mobile black spots.

·    Increased numbers of women participating in sport since Rio. Rugby, NRL etc.

·    Grants of up to $500,000 avail to sporting clubs – opening soon.

·    Let her office know of specific examples of poor NBN outcomes. There’s a Telecoms industry review happening.

David Wilson CEO Green Frog lighting solutions

·    Over ten years cost of installing and running solar will save around $340,000 per annum

·    Solar will end up cheaper you don’t pay the supply costs that grid attracts

ALGA President David O’Loughlin

·    The ongoing need for Constitutional recognition of local government so we can advocate for our communities from a base of strength.

·    Recycling is critical – harmonise and coordinate the response to this issue.

·    Federal political leaders attended the ALGA conference this year, why? Because they are starting to realise how relevant we are.

·    Funding to make up the ongoing cuts to local government coffers. We are the very lowest taxing level of government and continue to have to go, cap in hand, to other levels of government to meet our needs.

Leader of the Opposition, The Hon Bill Shorten MP

·    The value and strength of local government.

·    Our proximity to communities is our greatest strength.

Panel of Mayors: Local Government and the Federal Election

Martin Haese, Lord Mayor, City of Adelaide

·    Single use plastics, homelessness, building code to protect historic houses, innovation and sustainability. Electric car sales are tiny. We need national policy to encourage the import and sale of EVs (electrical vehicles). Support for regional cities to attract immigrants as currently two thirds of all immigrants settle in Sydney or Melbourne.

Cr Vonda Malone, Mayor of Torres Strait Council

·    Thanked delegates for supporting Frankston City Council’s motion for Constitutional recognition of Indigenous people. Also motions re housing. Cost of housing in remote regions is particularly high. Community Development Employment program (CDEP) is best provided by Indigenous councils.

·    This council also has to deal with cross country border control issues.

Cr Kristy McBain, Mayor, Bega Valley Shire Council

·    We have more land than Sydney but 73% of our land is unrateable.

·    Financial Assistance Grants are a huge issue for us and other regional councils.

·    Canberra Joint Organisation – lots of opportunities.

·    Merimbula airport takes 60,000+ passengers per annum.

·    227 bridges, 58 wooden, value of $85million.

·    Rates income of $30 million.

·    Community assets are essential!

·    NDRRA doesn’t cover recreational assets and we have been severely impacted over the last 5 years by floods, storms and fire.

Cr Cuc Lam, Mayor of Maribyrnong City Council

·    Social housing.

·    Transfer of land for open space.

·    Funding for infrastructure, particularly ageing infrastructure.

·    Funding for public transport and active transport.

Dave Cull, President Local Government, New Zealand

·    Disaster response and recovery, joined-up responses are critical.

·    Coordinate the resources you do have.

·    Prepare prior to disasters.

·    Build Networks from neighbourhood up! Local knowledge is critical.

·    It’s not enough to declare an emergency then ask where the sandbags are.

Panel Session: How to create resilient local communities

·    Great cities need good governance.

·    Link between housing and jobs.

·    Greater Sydney – planning a metropolis with two central organising themes: a metropolis of three cities (harbour, greater Parramatta and Western Sydney Airport) and a 30 minute city. Keeping jobs, housing and infrastructure spending across these vectors and across the city. Leveraging the third location off the new western airport.

·    Regional and strategic planning required a coordinated approach, shared offices and staff to produce five district plans. Key themes, collaboration and infrastructure.

·    Consulted 10,000+ people.

·    A liveable City – place-based planning. Much focus on place and people – Local, neighbourhood places. Places for people to meet and connect.

·    Connection, inclusion and sustainability make for more resilient communities.

Peter Hills-Jones Chief Executive, Public Fundraising Regulatory Association

·    Grenfell Tower disaster. Red Cross was a key organisation. $24million donated by public. Support is still being provided to those who lost loved ones. Grenfell is a wealthy borough but the tower is in a low socioeconomic area.

·    Local council lacked the coordination and leadership to provide an immediate response. Local religious and other groups stepped up and filled the gaps.

·    Integrate the local organisations into your plans and response preparedness.

·    Preparedness, response, recovery.

·    Charities, faith groups and communities are all critical players in responding to and indeed preventing disasters and councils should heed their warnings, advice and needs.

Dean Landy, CEO Tribus

·    Bringing good (community) ideas to life via a digital startup.

·    Tapping into community strengths.

How can we help create healthier, more connected and liveable communities?

Social exclusion is an increasing problem. Social media isn’t addressing genuine community connection.

5 challenges facing Councils:

1.    We’re viewed as the red tape and hurdles rather than enablers.

2.    Expected to create smart cities but lack clarity or expertise.

3.    Fragmented platforms, tying up resources.

4.    Making decisions on outdated data, or none at all.

5.    Rate caps forcing us to do more with less.

How to address all of these? Tribus was created to do this with a digital tool.

Where do you start when you’ve had an idea?

Post it in Tribus platform where council, business and community can start contributing to the development of the idea. All the tools are provided.

Disused bowling green – go to Tribus and search community gardens – access project histories and stories – pitch idea to my community via creating a profile – share it – get discussion going and get supporters to validate it – unlock tools – ideas incubator grants, crowd funding, volunteers, engagement, event management, petitioning.

·    Hyper local!

·    Becomes a database of great local ideas. Get your shovels ready!

·    Business gets own dashboard.

·    Pulls everything together to offer a dashboard view of local issues, champions, resources, insights.

·    Examples: Art projects, pop up spaces, events, sporting clubs, healthy eating, volunteering.

Mark Groote, Director Australian Red Cross SA - Creating Community Resilience

·    Community resilience/individual resilience.

·    Community resilience will save all three levels of government money.

·    9 million Australians effected over last 30 years.

·    $18 billion per annum.

·    By 2050 total economic cost of natural disasters will increase to $39 billion.

·    Resilience is one opportunity to reduce costs.

·    Investing in disaster resilience yields a double dividend:  avoid impacts when disasters occur and strengthening communities even without disasters.

·    Mental health must be addressed, particularly young males who are isolated. My Team digital program helps people build a team around them of helpful people, professionals such as GP, teacher, other supports. Requests for contact can be sent out from the platform.

Also:

·    Attendance at stalls offering infrastructure and systems products.

·    Networking with fellow councillors and staff from regional and city councils.

·    Opportunities to raise issues of local and wider concern with attending authorities and representatives

Cr Cathy Griff

ALGA’s annual NGA is the peak event for Local Government, attracting in excess of 800 Mayors and Councillors this year. It provides an opportunity to engage directly with Federal Government, to participate in developing national policy, and to influence the direction of Councils. On first attendance these opportunities may be less apparent, but by the second time, means of engagement become clearer.

Attendance at ALGA’s conferences is recognised as a valuable avenue in Councillors’ professional development along with specific short LGA courses we undertake. There are numerous, obvious benefits in attendance: hearing from and questioning opinion leaders from government ministers to prominent media professionals and private sector chief executives with a focus on the current issues most pertinent to local government; the chance to hear and participate in debates about key issues from all political perspectives; meeting Councillors from across the country to exchange ideas and information about best and worse practice in the core business of local government; hear from a vast array of commercial service providers who are developing innovative solutions in their work with local government; a platform to showcase the Bega Valley and the challenges for rural shires.

The fundamental insight from the conference is an ability to analyse the Bega Valley Shire’s situation in the context of other Councils throughout the country – to determine where we are excelling, struggling and facing common challenges.

Another major learning, entails appreciating the breadth of topics Councils tackle, dealing with any theme of interest or concern to their community.

This report is not intended to reiterate facts in the wealth of subjects raised by the conference but rather to highlight a few important aspects which stood out in my experience. Factual content can be sourced on ALGA’s website.

Key Speakers

ALGA President Mayor David O’Loughlin manages the large conference agenda with humour and finesse. He considers one major recent achievement to be lifting Financial Assistance Grants freeze July 2017. In ALGA’s advocacy, community infrastructure funding, remote Indigenous housing, and waste and recycling were all discussed. He also raised the partnerships which have given rise to ‘roads to recovery’, bridges renewal, roads safety blackspots program, mobile blackspots initiative and ‘building better regions’.

Bernard Salt gave an eye opening presentation on Australian demographics showing this country to be a place of rising prosperity; remarkable cultural diversity of our population; increasing Asian and Indian influences; loss of faith in big institutions; opportunity for growth in cities and towns; ‘lonely-fication’ of suburbia with rise in single and couple only households; and years of prosperity creating a culture of aspiration.

Salt was infamous for his article about smashed avocado absorbing too much of youths’ income. He didn’t dwell on this topic but the saga of his essentially humorous story being distorted and quoted out of context is salutary to all of us who speak to the media.

Minister Dr John Mc Veigh and Shadow Minister Stephen Jones spent much of their respective presentations outlining their goals or achievements in terms of expenditure on what seemed often to be metropolitan focused projects. Opposition leader Bill Shorten was unusually lively and passionate, answering questions on climate change and infrastructure. All politicians stress the importance of local government in being closest to community and vow to spend more time collaborating, consulting and visiting regions. As we know, these intentions do not always materialize.

Concurrent sessions

Recycling and waste were a major topic throughout the conference.

Max Spedding of the National Waste and Recycling Industry Council talked about initiatives to introduce a circular economy and maximize resource recovery. He detailed the game changer of China introducing new contamination limits for goods previously destined for secondary processing there. The loss of the Chinese market has decimated international market prices and created an urgent need for new markets.

Spedding stressed the need for more recycling education by State and Local Governments.

Presentation by the Australian Packaging Covenant (APCO) delved into their efforts to reduce the environmental impact of packaging in Australian communities. Their key outcomes have revolved around cutting waste by less packaging entering the waste stream; managing waste and re-use of waste through support to end markets for recycled packaging materials. Recently APCO has helped to shape waste strategies in WA and VIC. Their methods involve stakeholder engagement with all the major players in the waste arena. NSW was criticized for not moving forward to ban single use plastic bags.

Bringing the community on board was a major line of questioning from me and the audience. The fundamental and tough basis to recycling and more importantly reducing waste at source relates to community behaviour and willingness to change. Nor is the path without risks since contamination and disease can be negative consequences of dealing inappropriately with waste. Lessons and questions from this session are useful for consideration by our waste team.

Sponsors

A large number of sponsors and stalls set up in the Convention centre provided information and they were happy to chat on a broad array of relevant topics from composting to road bases. I found particular value in talking to the several advocates of the bright future for electric cars including BMW.

In the field of weed extermination, there were representatives who demonstrated impressive models using thermal steam weed control rather than chemicals.

Motions

143 motions were resolved through only three sessions, thanks largely to the quality of respectful debate. It was gratifying that the motions brought forward from Council were all passed by NGA. Attendance at the conference invites us all to join the debate on any of the motions raised, which is a means to influence the course of policy and also to raise Bega Valley’s profile. I collaborated with Liverpool Council’s Mayor who had raised a comprehensive motion for Councils to show commitment to energy efficiency, solar and other renewable technologies. Our motion advocating robust renewable energy targets became incorporated within the wider range of Liverpool’s, given it reflected similar goals. Eurobodalla’s motion on divesting from financial institutions investing in fossil fuels prompted lively debate and was narrowly defeated.

Bega Councillors engaged with and supported motions from Manningham in Victoria about housing affordability. While this was clearly an important topic to delegates, it was understandably less a focus than at the NSW ALGA conference. Adelaide and Bayside in Victoria advanced strong motions concerning waste. We joined them in support for investment in local recycling; infrastructure that maximises the economic value of recovered materials and national standards for compostable takeaway food and beverage containers. The motions passed also called for financial support for regional waste management, better national directives on recycling packaging and enforcement of the Australian Packaging Covenant Plan 2017-2022. Clearly waste will continue to be a major problem for local government so advocacy and policy advanced by ALGA should assist in the battle. Their message is Councils must be more than a ‘glorified freight agency picking up waste from households and paying someone to take it off our hands’. Waste and recycling needs to be seen in a global context and as such will be included in ALGA’s plan for the next Federal Election.

 

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