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1 REPORTS TO THE BOARD OF 1 NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27 AUGUST 2018 ITEM NO: 1 MEMBERSHIP PREPARED BY: Paul Henry, Interim Executive Officer PURPOSE: To inform the Board of the Governor’s assent to a change in membership of the Joint Organisation. COMMENTARY: Verbal advice has been received from the Office of Local Government (OLG) that on Friday 10 August, 2018 the Governor proclaimed a variation to the ‘footprint’ of the New England Joint Organisation by adding Narrabri Shire to the membership. At the time of writing this report, a copy of the proclamation is not available, but will be forwarded in due course. The OLG is arranging with the Local Member of Parliament to make the public announcement of change of membership. Once again at the time of writing, the announcement has not been made, and therefore a copy of the announcement will be forwarded when received. RECOMMENDATION: That the information be received and noted. ITEM NO: 2 CODE OF CONDUCT – COMPLAINTS COORDINATOR PREPARED BY: Paul Henry, Interim Executive Officer PURPOSE: To inform the Board of the actions of the Interim Executive Officer. COMMENTARY: At the Board Meeting held on 25 June, 2018 the Board adopted a Draft Code of Conduct and the Public Interest Disclosure Internal Reporting Policy.

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Page 1: 1 REPORTS TO THE BOARD OF 1 NEW ENGLAND JOINT …€¦ · Joint Organisation by adding Narrabri Shire to the membership. At the time of writing this report, a copy of the proclamation

1 REPORTS TO THE BOARD OF 1

NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27 AUGUST 2018

ITEM NO: 1 MEMBERSHIP

PREPARED BY: Paul Henry, Interim Executive Officer

PURPOSE: To inform the Board of the Governor’s assent to a change in membership of the Joint Organisation. COMMENTARY: Verbal advice has been received from the Office of Local Government (OLG) that on Friday 10 August, 2018 the Governor proclaimed a variation to the ‘footprint’ of the New England Joint Organisation by adding Narrabri Shire to the membership. At the time of writing this report, a copy of the proclamation is not available, but will be forwarded in due course. The OLG is arranging with the Local Member of Parliament to make the public announcement of change of membership. Once again at the time of writing, the announcement has not been made, and therefore a copy of the announcement will be forwarded when received. RECOMMENDATION:

That the information be received and noted.

ITEM NO: 2 CODE OF CONDUCT – COMPLAINTS COORDINATOR

PREPARED BY: Paul Henry, Interim Executive Officer

PURPOSE: To inform the Board of the actions of the Interim Executive Officer. COMMENTARY: At the Board Meeting held on 25 June, 2018 the Board adopted a Draft Code of Conduct and the Public Interest Disclosure Internal Reporting Policy.

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2 REPORTS TO THE BOARD OF 2 NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27/08/2018

In order to complete this aspect of the Board’s governance arrangement, a suitably qualified person is required to be appointed as the ‘complaints coordinator’ for this organisation. In accordance with the delegation of authority conferred by the Board, I have appointed Mr Scott Norman to this role. Brief biographical details for Mr Norman are:

• Currently Director Corporate and Economic Services at Inverell Shire Council, • 22 years service in Local Government, including 13 years in senior roles in

Queensland and New South Wales. RECOMMENDATION: That the information be noted.

ITEM NO: 3 DRAFT DOCUMENTS – COUNCIL FEEDBACK

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Draft Charter

Draft Expenses Policy PURPOSE: The purpose of this report is to seek adoption of a final version of a suite of documents required for the organisation. COMMENTARY: At its June Meeting, the Board adopted the following draft documents: a) Charter for the Joint Organisation b) Expenses Policy A copy of the documents are attached as separate documents. Comment on these draft documents was sought from member Councils. The period for comment closed on Friday 10 August, 2018. At the close of this period the following comments were received: i) Charter for the Joint Organisation

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3 REPORTS TO THE BOARD OF 3 NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27/08/2018

a) Narrabri Shire Council puts forward:

• Any relevant amendment due to the now formal inclusion of Narrabri Shire. • The removal of references to individual or similar; for example Section 4.1

lists numerous individual names. Also, the definition of ‘General Manager’ of member councils. Noting that removing such individual references removes the necessity of numerous ongoing amendments.

Recommendation: That the suggested amendment be made to the Draft document.

b) An individual Councillor at Narrabri Shire Council has suggested that the ‘precautionary principle’ be included at Section 2.1 of the Charter. It is assumed wording such as the following is what is being requested:

‘When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically’. Recommendation: The Board determine if the Charter should be amended as requested. ii) Expenses Policy Glen Innes Severn Council puts forward: That the policy be amended to denote that no provision be made for the following items:

• Information and Communications Technology (ICT) Expenses, • Postage stamps for Christmas cards, • Christmas or festive cards.

Recommendation: The Board determine if the Charter should be amended as requested. The Board is now invited to amend or adopt the attached documents as the final version of the required documents. RECOMMENDATION:

i) That the Board consider the suggested amendment by members; and ii) That the following draft documents, as amended, be adopted as documents of

the Joint Organisation:

a) Charter b) Expenses Policy

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4 REPORTS TO THE BOARD OF 4 NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27/08/2018

ITEM NO: 4 LOGO FOR THE JOINT ORGANISATION

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Design Brief Logo and Brand Proposal PURPOSE: To obtain adoption of a Logo and Brand for the Joint Organisation. COMMENTARY: In order to create a Logo and Brand for the organisation, the Interim Executive Officer prepared a ‘Design Brief’. A copy of which is attached. Three (3) graphic designers, with experience of working with Local Government, were provided with a copy of the brief. The key components of the brief were that the logo had to:

• Allude to the key concepts of collaboration/partnership/cooperation; • Should be synergistic with the NEJO’s objectives and activities; and • Be mindful of the colour palette of the member Council’s logos.

The response from the Graphic Designer is also attached for the Board’s consideration. I submit that this proposal meets all requirements of the Brief. This proposal was circulated to members. At the time this report was prepared four (4) members have indicated support for the logo. RECOMMENDATION: That the Logo and Brand proposal annexed to this report be adopted.

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5 REPORTS TO THE BOARD OF 5 NEW ENGLAND JOINT ORGANISATION OF COUNCILS 27/08/2018

LOGO BRIEF

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LOGO PROPOSAL

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ITEM NO: 5 DISCLOSURES BY DESIGNATED PERSONS

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Nil PURPOSE: The purpose of this report is to table the disclosure forms submitted by designated persons of the joint organisation. COMMENTARY: The provisions of the Local Government Act 1993 in relation to ‘Disclosures of Interests in Written Returns’ also apply to joint organisation board members and the executive officer. Disclosure forms have been distributed to the designated persons and the following have returned the duly completed forms:

- Cr Paul Harmon - Mr Paul Henry, Interim Executive Officer - Cr Katrina Humphries - Cr Michael Pearce - Cr Peter Petty - Cr Steve Toms

These completed Disclosure Forms will be tabled at the meeting. Other Disclosure Forms lodged after the meeting will be tabled at a future meeting. RECOMMENDATION: That the tabling of the Disclosure of Pecuniary Interests and Other Matters’

Returns from the following Designated Persons be received and noted:

- Cr Paul Harmon - Mr Paul Henry, Interim Executive Officer - Cr Katrina Humphries - Cr Michael Pearce - Cr Peter Petty - Cr Steve Toms

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ITEM NO: 6 STRATEGIC TASKS

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Nil PURPOSE: To inform the Board on progress with the strategic tasks required to be undertaken for the establishment of the joint organisation. COMMENTARY: The Office of Local Government has issued a ‘Joint Organisation Implementation Guidance’ Manual. This document sets out the required pathway to be followed for setting up the joint organisation. For the information of the Board the tasks and their status is detailed below: Table 1 – Administrative Tasks

ITEM DUE STATUS

Obtain relevant insurances 31 July 2018

Complete

Hold first Board Meeting 31 July 2018 Complete

Adopt a Code of Conduct 31 July 2018 Complete

Appoint an interim EO

31 July 2018 Complete

Obtain TFN and ABN 31 July 2018 Complete

Establish Bank Account 31 July 2018 Complete

Reserve a Domain Name 31 July 2018 Complete

Establish Telephone Number 31 July 2018 Complete

Establish Email Address 31 July 2018 Complete

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Return Signed Funding Agreement

29 June 2018 Complete

Adopt a Charter

30 September 2018 Refer item in Business Paper

Adopt an Expenses and Facilities Policy

30 September 2018 Refer item in Business Paper

Prepare Communication and Engagement Plan

30 September 2018 Complete

Adopt a Statement of Revenue Policy

31 August 2018 Refer item in Business Paper

Adopt a Logo

31 December 2018 Complete. Refer to item in Business Paper

Adopt a Statement of Regional Priorities

31 December 2i018 Complete. Refer to item in the Business Paper

Establish Website

31 December 2018 Incomplete; awaiting decision on branding to go live

Establish Accounting System 31 August 2018 Complete

RECOMMENDATION: That the information be noted.

ITEM NO: 7 OPERATIONAL PLAN 2018/19

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Draft Revenue Policy and Draft Budget PURPOSE: To confirm the revenue policies and adopt the 2018/19 budget. COMMENTARY: The joint organisation is required to prepare an Operational Plan that complies with the requirements of s. 405 of the Local Government Act, 1993.

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The Operational Plan is required to contain a Statement of Revenue Policy and an estimate of Council’s income and expenditure for the financial year. The principles which should guide the preparation of this document were discussed at the recent GMAC meeting. The following matters were agreed and are submitted for the Board’s endorsement:

a) Membership Fees should be set as an equal contribution from all members, b) A contribution of $5K per member for 2018/19 be suggested to the Board, c) In 2018/19 any distribution of costs amongst members associated with a project

undertaken by the JO be determined at the time of an agreement to undertake the project.

The Act requires the draft Operational Plan to be exhibited for 28 days, after this period, the Board considers any comments and can then amend/adopt the Plan. As the next meeting of the Board is scheduled for 26/11/18, consideration of the mechanism for the adoption of the draft Operational Plan will need to be completed. Clause 5.3 of the draft Meeting Code provides for the Board to transact its business by telephone or other electronic means. The Board could consider:

i) A Special Meeting ii) Teleconference, or iii) Some other form of transacting the adoption of the draft Operational Plan.

A copy of the Draft Operational Plan 2018/19 is attached as a separate document. RECOMMENDATION:

A. That the Draft Operational Plan 2018/19 be adopted, B. That member Councils be provided with a copy of the document and

be permitted 28 days to comment on the document, C. The Board determine the method to be utilised for adoption of the

Operational Plan.

ITEM NO: 8 STRATEGIC REGIONAL PRIORITIES

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Sample Strategic Regional Priorities Plan

Consultants Brief PURPOSE: To determine the preferred course of action for preparing this required document.

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COMMENTARY: The OLG documentation for the establishment of the JO’s indicates that the planning and reporting requirements for JO’s are to be minimal and aligned to the Integrated Planning and Reporting (IP&R) requirements for member Councils. A. What the Act and Regulations Require The Act says that a principal function of the JO is to establish strategic regional priorities (SRP) for the local government areas covered by the JO, and to develop plans to deliver those priorities (s. 400R LG Act 1993). The Local Government Regulations provides guidance in relation to this task, which must be completed by 30 December, 2018. Each JO is required to have a succinct Statement of Strategic Regional Priorities (cl. 397G Regulations) outlining:

- The JO’s vision for the Region - Approximately 5 priorities for the JO to focus on - A small number of strategies the JO will undertake to deliver each priority, and - Identification of the State Agencies and organisations the JO will work with to

deliver actions and achieve priorities. B. Options to Achieve Requirements The preparation of the required SRP document was discussed at the recent GMAC meeting. The following options were discussed: Option 1 Engage a consultant to undertake a ‘full’ strategic planning process,

including consultation with member councils, state agencies and other stakeholders.

A brief for this option has been prepared and is attached as a separate

document. Option 2 The Interim Executive Officer prepare a sample Strategic Regional Priorities

Plan and that this document be workshopped with the Board to ‘finalise’ the suggested wording and prepare an Action Plan for the strategies. The ‘example’ Strategic Regional Priorities Plan is attached as a separate document.

Note: The rationale for this option is that all members would have been involved in consultation during the preparation of the New England/North West Regional Plan and the Regional Economic Development Strategies - two (2) documents that underpin the ‘sample’ Strategic Regional Priorities Plan. C. The ‘Sample’ Strategic Regional Priorities Plan In preparing this document, the following matters were considered and found expression in the document:

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• The expressed wish by NEGOC that the JO activities support the aspirations of members

• The ‘minimalist’ approach in all things – avoid duplication or imposing onerous effort on members

• The three (3) public policy areas identified as areas of focus by NEGOC were Public Infrastructure, Communities Development and Economic Development

The sample document doesn’t include specific actions that the organisation will undertake in the three (3) years of the proposed plan. These specific actions will need to be agreed upon so the document can be populated. RECOMMENDATION: That the Board consider the option to be utilised to prepare the Statement of

Strategic Regional Priorities.

ITEM NO: 9 APPOINTMENT OF EXECUTIVE OFFICER

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: Job Description Template PURPOSE: To obtain the Boards approval for the process to be used for the recruitment of an Executive Officer. COMMENTARY: This issue was considered by GMAC, for the purpose of recommending to the Board, a general approach to take on the recruitment of this officer. In the deliberations on this issue, the GMAC was mindful of the following matters;

• The Board’s ‘minimalist’ and ‘incrementalist’ manta on the development of the JO • The absence of a detailed strategic plan that would give guidance to the detailed

activities expected of the role.

1. General Parameters As a consequence the GMAC suggests to the board the following matters be utilised in the recruitment of the EO:

• Part-time position – up to 21 hours per week,

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• Two (2) year (renewable) contract of employment, • The standard ‘senior staff’ contract, prepared by OLG be utilised, • That the remuneration for the position be determined through consultation with the

selected consultant, • The EO sample position description prepared by OLG is a suitable document for use

in the recruitment process is attached, • Administrative support for the EO is essential. It needs to be considered how this

support will be provided during the recruitment process. The Board is requested to consider the above parameters for the recruitment of the EO. The parameters approved by the Board would then be used to prepare the necessary documents for the recruitment process.

2. Recruitment Consultant The OLG is undertaking a process that will result in the preparation of a list of ‘suitably qualified’ recruitment consultants. Any JO wishing to recruit an EO utilising the services of a consultant would be able to access this prequalified list and select a consultant of their choice. The OLG will not oversee the recruitment process or be a participant in any aspects of the process. The Board is requested to :

a) Determine if it wishes to select a recruitment consultant from the pre-qualified list prepared by OLG,

b) If so, determine who is to be delegated authority to select the consultant, c) If not, determine how the recruitment process will be managed. 3. Interview Panel a) Membership

The membership of the interview panel for this position needs to be determined. The board is requested to nominate the persons to serve on this panel.

b) Authority The board is also requested to determine the authority of the panel. Will the panel have authority to appoint? Will the panel be requested to make a recommendation to the board on a preferred candidate?

c) Remuneration The Board may wish to now consider the preferred mechanism for setting the remuneration for the position.

i) Does the board wish to seek advice from the selected recruitment consultant?

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ii) Determine the remuneration at today’s meting? iii) Select some other mechanism to scope the position and determine a

remuneration value for the position? RECOMMENDATION: That the Board consider the various recruitment issues and determine its position.

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ITEM NO: 10 WASTE TO ENERGY

PREPARED BY: Paul Henry, Interim Executive Officer

ANNEXURES: The Case for Change

Correspondence from Minister for the Environment PURPOSE: To inform the Board of a request from a member Council. COMMENTARY: Recently Tenterfield Shire Council (TSC) wrote to all Councils in the New England/North West area to advise that a new solution to the ‘waste management challenge’ needs to be found. That council’s solution to the challenge is the development of a small scale plant that converts waste to energy. This plant would ideally use an existing technology and be supplemented by photovoltaic cells (to improve the economic cost/benefit ratio of the conversion). However, this hypothesis needs to be proven that it can work. Hence, the approach from Tenterfield Shire Council to seek support for the funding of a staged research project that would: Stage 1: Proof the Concept This stage would determine the smallest scale plant that could be constructed to produce affordable energy. It would require the engagement of a research facility to conduct the necessary technical work. Stage 2: Determine a Regulatory Pathway for the Concept Consideration needs to be given to the creation of a pathway for a proponent of a small scale ‘waste to energy’ plant to gain approval/licencing for their area. Stage 3: Concept to Working Model After it has been proven at ‘desktop level’ that the available technology can be applied at a ‘small scale’ and that a regulatory pathway exists, then a pilot plant can be constructed. 1. The Case for the TSC Proposal A document entitled ‘The Case for Change’ that seeks to prosecute the case for the abovementioned research project, has been considered by this Board on a previous occasion.

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A copy of that document is attached as a separate document. 2. What was requested from Member Councils The request from TSC was twofold:

i) Provide a letter of support for the research project to the Federal and State Governments and the Australian Renewable Energy Agency (ARENA). This letter would also request that ARENA provide a grant of $270K to enable the research project to be commenced.

ii) Council to provide $15K to assist in matching the $270K requested from ARENA.

In respect of the requested financial contribution, it could be expected that this should be regarded as an initial contribution. Tenterfield states that the preparation of a definitive ‘full budget’ is difficult to determine, however the indications given to Tenterfield Council by a NSW based University was that $540K would complete Stage 1 and 2 of the project. 3. Request from Glen Innes Severn Council (GISC) The abovementioned request was considered by GISC at its July Council Meeting. At this meeting Council resolved: ‘To request the Board of the New England Joint Organisation (NEJO) to consider using the $300,000 seed funding received from the NSW Government to fund the $105,000 requested from the seven (7) NEJO members for the cost of the proposed feasibility study of converting waste into energy at a local scale’. The Board is requested to consider the request from GISC. 4. Update from Tenterfield Shire Council (TSC) TSC has continued to prosecute the case for a scaled Waste to Energy plant in a number of forums. Representatives of TSC will brief members at todays meeting on any developments with this issue. 5. Minister for the Environment Response At a previous meeting of the NEGOC Board, it was resolved that representations be made to the Minister for Environment, Hon Gabrielle Upton MP, seeking financial assistance to complete a feasibility study on the Waste to Energy concept. The Minister has responded. A copy of her response is attached. RECOMMENDATION: A matter for the Board.

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